South Africa: Government Contracts, Procurement & PPP

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.

Beyond The Leaky Tap: Performance-based Contracts For Non-revenue Water In South Africa (Part 1)

South African municipalities are losing over 46% of treated water through non-revenue water (NRW), a crisis driven by infrastructure decay, metering failures, and weak governance. Performance-based contracts (PBCs) offer a promising solution by tying private-sector payment to measurable water savings, yet regulatory complexity and risk allocation challenges have prevented their widespread adoption. This analysis examines the legal and procurement barriers that municipalities face when attempting to implemen

South Africa Government

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ENS

Africa’s Energy Evolution: Promise And Constraint

Following the conclusion of the 2026 Africa Energy Forum in Cape Town, one observation is clear: the energy sector across the African continent is evolving at pace.

South Africa Energy

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ENS

Full Steam Ahead For South Africa’s Rail Legal Architecture

South Africa's rail reform has reached a critical juncture as the Transnet Rail Infrastructure Manager concludes binding Rail Access Agreements with all 11 newly allocated Train Operating Companies, marking the transition...

South Africa Government

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ENS

Validity Of Contracts With The State Being Extended Without A Competitive Tender Process

The KwaZulu-Natal High Court examined whether public transport contracts that had been extended repeatedly without competitive bidding violated constitutional procurement requirements.

South Africa Government

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ENS

Structuring Bankable IPP And Infrastructure Projects In The DRC

South Africa Energy

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IR Global

African Transmission – The Unsung Hero

South Africa Government

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Bracewell

No Profit, No Loss? When Service Providers May Benefit From Invalid Government Contracts

South Africa Government

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ENS

Bus Electrification Gains Early Traction In Cape Town’s Public Transport System

South Africa Transport

AA

Adams & Adams

Key Amendments Proposed By The Electronic Communications Amendment Bill, 2026

Worldwide Media & IT

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ENS

Key Legal Risks When Contracting For Open-Source Software

South Africa Media & IT

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ENS

Milestone Regulatory Development: Draft Public Procurement Regulations Published

South Africa Government

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ENS

Tough Transition? How The Bond Market Should Prepare For JIBAR Cessation

South Africa Finance

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ENS

Back To Basics: Getting The Contract Structure Right For IT Transactions

South Africa Government

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ENS

From Eskom Blues To Infrastructure Gold: Positioning South Africa's Independent Transmission Projects As A New Investable Asset Class

South Africa Government

FW

Fairbridges

Africa Tax In Brief

South Africa Tax

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ENS

AI Infrastructure Becomes Africa’s Next Strategic Investment Battleground

South Africa Strategy

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Adams & Adams

Acknowledgement Of Debt - Promissory Note

South Africa Finance

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Adams & Adams

Risk Under Review: What Guidance Note 7B Means For Accountable Institutions

South Africa Finance

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ENS

The Bot In The Room: Does Automated Access Trigger POPIA's Breach Notification?

South Africa Privacy

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ENS

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

The Supreme Court of Appeal ("SCA"), in NAD Property Income Fund v Bushbuckridge Municipality, delivered a judgment on Thursday 4 December 2025 concerning the power...

South Africa Government

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ENS

Two Big Steps Forward For South Africa: Ratings Boost And FATF Grey List Removal

South Africa has achieved two landmark improvements in international perception and operating conditions within weeks: S&P Global upgraded the sovereign credit ratings...

South Africa Finance

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ENS

ENS Contributes To The 2025 CLIMATE POLICY MONITOR, A Survey Of 37 Major Countries' Climate-related Laws And Regulations.

Updated annually, the Oxford Climate Policy Monitor is a dataset which granularly surveys the uptake of climate policies across countries.

South Africa Environment

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ENS

Consequences Of A Liquidator Ceding Rights Under A Contract

The Western Cape High Court recently delivered judgment in a dispute between Phuhlani Bafazi Construction (Pty) Ltd, trading as Chuma Security Services ("Phuhlani"), and the Passenger Rail Agency of South Africa...

South Africa Government

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ENS

Cloud Vs Professional Services: Why Getting It Wrong Could Cost You Millions

South Africa Technology

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ENS

The East African Insider – Week 9TH – 15TH AUGUST 2025

South Africa Energy

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Shikana Group

Rethinking Governance In The Age Of AI: A Legal And Operational Imperative For Organisations

South Africa Technology

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ENS

Addressing Fraud, Corruption And Money Laundering Risks In The African Continental Free Trade Area

South Africa Criminal

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ENS

The East African Insider – Week 7 To 13th June 2025

South Africa Government

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Shikana Group

To Entertain Or To Not Entertain A Moot Point.

South Africa Litigation

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ENS

Empowerment And M&A: Strategies For Complying With B-BBEE Codes In SA

South Africa Commercial

Ai

Andersen in South Africa

South Africa's Climate Change Act: A Gradual Rollout

South Africa Environment

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ENS

What The New Expropriation Act Means For Landowners And Reform In South Africa

South Africa Government

FW

Fairbridges

When Is A Tender Bid Considered Too Low? – The Undercut

South Africa Government

FW

Fairbridges

Empowerment And M&A: Strategies For Complying With B-BBEE Codes In SA

Broad-Based Black Economic Empowerment (B-BBEE), a legislative framework designed to address historical economic imbalances in South Africa, stands as a pivotal, albeit often contentious...

South Africa Commercial

Ai

Andersen in South Africa

South Africa's Climate Change Act: A Gradual Rollout

South Africa has taken a decisive step in its commitment to addressing climate change with the enactment of the Climate Change Act 15 of 2022...

South Africa Environment

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ENS

What The New Expropriation Act Means For Landowners And Reform In South Africa

The expropriation of property is a significant legal and political issue in South Africa, particularly in the context of land reform and redressing historical injustices.

South Africa Government

FW

Fairbridges

When Is A Tender Bid Considered Too Low? – The Undercut

Just because someone's selling burgers for 5 bucks doesn't mean they're plotting to bankrupt McDonald's, sometimes, they're just really good at flipping patties fast.

South Africa Government

FW

Fairbridges

Expired Bid Evaluation Committee Appointment – The Rotten Egg

South Africa Government

FW

Fairbridges

State Owned Enterprises Bill: Elevating The Public Voice Through Open Consultation

In December 2024, the Portfolio Committee on Planning Monitoring and Evaluation issued a call for the public to submit written comments on the National State Enterprises Bill (the "SOE Bill"), [B1-2024].

South Africa Government

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ENS

New Public Procurement Act Ushers In An Era Of Transparency And Efficiency In South Africa

On 23 July 2024, President Cyril Ramaphosa signed the Public Procurement Act 28 of 2024 ("the Act") into law, fulfilling the constitutional mandates of sections 195, 216, and 217.

South Africa Government

FW

Fairbridges

Constitutional Court Upholds The Rights Of Innocent Service Providers Who Fulfil Obligations Under Invalid Public Contracts

South African courts are inundated with disputes concerning commercial arrangements between organs of state and their service providers.

South Africa Government

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ENS

Public Procurement Bill: A Turning Point For Public Procurement In South Africa

The much discussed Public Procurement Bill has recently been passed by Parliament and its enactment awaits the President's signature. South Africa's legislative environment...

South Africa Government

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Adams & Adams

The Public Procurement Act, 2024 - An Attempt At Restoring Public Trust And Confidence In The Procurement System: Lessons From The State Capture Commission

South Africa Government

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Fasken

Contracting With Government: The Prohibition On Entry Into Multi-year Expenditure Commitments Without Parliamentary Approval

South Africa Government

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ENS

President Cyril Ramaphosa Assents To The Public Procurement Bill

South Africa Government

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ENS

Death Of The Customer's Paper: Is The Customer's Contract Paper Still Relevant In The Era Of Vendor Standard Terms?

South Africa Government

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ENS

What Constitutes "Exceptional Circumstances" In Order To Avoid An Appeal From Suspending An Order?

South Africa Litigation

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ENS

PPPs In Southern Africa: Closing The Financing Gap For Infrastructure Development. (Video)

South Africa Government

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ENS

Renewable Energy In South Africa: A Brief Guide To Engineering & Procurement Agreements

South Africa Energy

Ai

Andersen in South Africa

Proposed Amendments To The Municipal PPP Regulations In A Bid To Strengthen Procurement Systems

South Africa Government

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ENS

The National Assembly Passes Public Procurement Bill: A Giant Leap Towards Procurement Reform

South Africa Government

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ENS

The Invalidity Of An Addendum That Contravened Public Procurement Prescripts

South Africa Government

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ENS

Understanding The Role Of The Construction Lawyer In Projects

South Africa Government

TA

Tiefenthaler Africa

Navigating The Intersection Of Public Law And Private Law In South African Public Procurement

South Africa Government

TA

Tiefenthaler Africa

Could Personal Income Tax Breaks Ensure That All Namibians Benefit From Petroleum Royalties?

South Africa Energy

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ENS

Helping ShARE To Grow A New Generation Of African Leaders

South Africa Government

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Herbert Smith Freehills Kramer LLP

Decoding "Specific Goals": An Analysis Of The New Preferential Procurement Regulations, 2022

South Africa Government

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ENS

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Latest Videos

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PPPs In Southern Africa: Closing The Financing Gap For Infrastructure Development. (Video)

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ENS

OAL's Policy Report 2022 – Big Issues For The 2023 General Election (Video)

OA

Olisa Agbakoba Legal (OAL)

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