CONSTRUCTION INDUSTRY: INPUT SOUGHT ON DRAFT REVISED PROCUREMENT STANDARD

CONSTRUCTION INDUSTRY: INPUT SOUGHT ON DRAFT REVISED PROCUREMENT STANDARD

• 18 September 2026
• Built Environment
• SA Legal Academy

The Construction Industry Development Board (CIDB) has gazetted a draft revised standard on uniformity in construction procurement – calling for public comments. Clarity is needed on:

• the commentary deadline, which has already passed*, and
• the document’s underpinning objective of ‘standardis(ing) processes and procedures for a procurement system as envisaged in the (2024) Public Procurement Act’ (which was nullified by the Constitutional Court in a ruling handed down on 17 September 2026).

The draft revised standard was first gazetted in July 2026 – without an accompanying notice calling for public comment. An associated notice posted on the CIDB website at the time tends to suggest that the original commentary deadline was 31 August 2024. According to that notice, the new deadline is 30 September 2026*.

Intended to replace the amended 2004 standard as well as the 2019 standard for uniformity in engineering and construction works contracts, once finalised the proposed new standard will apply to:

• ‘all organs of state’ as defined in section 239 of the Constitution, and
• ‘organisations operating in the public sector … (that) are not organs of state’.

‘Given that it is framed around national and international best practices’, the proposed new standard is also expected to ‘suitable for implementation in the private sector in whole or part’.

As far as can be ascertained, there are no publicly available updated versions of the two standards now set to be replaced.

Against that backdrop, among other things the draft standard covers:

• procurement planning and budgeting
• acquisition management
• contract management
• project assessment
• risk management
• logistics management
• procurement methods and procedures (including preferential procurement)
• conflicts of interest
• hospitality and gifts, and
• the leadership role of the client.

Input should be made using a questionnaire available on the CIDB website.

• draft revised standard
• Constitution section 239
• Constitutional Court ruling on Public Procurement Act

Published by SA Legal Academy Policy Watch

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