B-BBEE: DA’s CONTROVERSIAL BILL TABLED

B-BBEE: DA’s CONTROVERSIAL BILL TABLED

• 13 March 2026
• Parliament
• SA Legal Academy

Parliamentary papers have confirmed that Democratic Alliance (DA) MP Matthew Cuthbert has formally introduced his party’s Public Procurement Amendment in Parliament. This follows the draft Bill’s submission to both Houses on 23 February 2026 for information and planning purposes only.

Released in as a pre-tabling explanatory memorandum in October 2025 with a call for public comment, the Bill seeks to ‘amend the current legislative framework’ by:

• removing provisions making ‘race-based classifications’ pivotal in ‘determining preferential procurement policy’, and
• replacing them with the UN’s 2015 sustainable development goals.

This is noting that:

• the 2024 Public Procurement Act has yet to be operationalised, and that
• the Bill includes provisions repealing the 2003 Broad-Based Black Economic Empowerment Act in its entirety.

To date, not one DA private member’s Bill has survived the procedurally required ‘desirability vote’ conducted by the National Assembly committee concerned. Whether this changes under a Government of National Unity remains to be seen.

As SA Legal Academy has already reported, B-BBEE policy and legislation is under review with the aim of making it more effective as an instrument of economic transformation and inclusivity.

• Bill
• parliamentary papers confirming the Bill’s tabling 
• parliamentary papers announcing the draft Bill’s submission
• 2024 Public Procurement Act (yet to be commenced)
• SA Legal Academy report

Published by SA Legal Academy Policy Watch

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