PUBLIC PROCUREMENT BILL: NCOP COMMITTEE CALLS FOR SUBMISSIONS

PUBLIC PROCUREMENT BILL: NCOP COMMITTEE CALLS FOR SUBMISSIONS

• 29 January 2024
• Parliament
• SA Legal Academy

The NCOP’s Finance Committee has called for written submissions by 12 February 2024 on the Public Procurement Bill’s ‘B’ version. Parliamentary hearings are scheduled to take place the following day. As a section 76 piece of legislation, the Bill will then be sent to the provincial legislatures for more hearings.

Passed by the National Assembly on 6 December 2024, the Bill seeks to:

• regulate public procurement, and
• ‘prescribe a framework within which preferential procurement must be implemented’.

This is noting the provisions of sub-section 10(1)(b) of the Broad-Based Black Economic Empowerment (B-BBEE) Act, 2003, as amended, which requires every organ of state and public entity to ‘apply any relevant code of good practice’ issued in terms of that Act when developing and implementing a preferential procurement policy.

The Bill seeks to ensure that ‘categories of preference’ stipulated in any such policy are underpinned by a commitment to ‘the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination’.  According to a memorandum on the Bill’s objects, the focus should be on ‘small enterprises; enterprises in townships, rural or underdeveloped areas; black people; women; persons with disabilities; and the youth’.

• committee notice
• Bill’s ‘B’ version
• B-BBEE Amendment Act, 2013

Published by SA Legal Academy Policy Watch

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