South Africa: Constitutional Court invalidates 2024 Public Procurement Act

The Constitutional Court of South Africa has declared the Public Procurement Act of 2024 invalid, ruling that the law was adopted by Parliament under conditions inconsistent with the Constitution. The judgment follows a legal challenge brought by the Premier of the Western Cape province and the City of Cape Town against the Minister of Finance and other parties, according to a statement published on September 18, 2026, by SAnews.gov.za. The Minister of Finance stated that he has noted the decision and will respect it. He recalled that public procurement remains an essential lever for economic growth and development, but that this objective cannot be achieved without a legislative framework guaranteeing a fair, transparent, competitive, and cost-effective public purchasing system capable of protecting individuals or categories of persons historically disadvantaged by discrimination. "In its current state, public procurement will not achieve these constitutional principles, as it is undermined by issues such as acts of corruption, fraud, financial losses, poor planning, substandard delivery, low institutional capacity, irregular expenditure, and the failure to sufficiently stimulate local industries," he stated, adding that these shortcomings are documented by several reports, press investigations, and commissions of inquiry.