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.

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

In today's digital economy, where businesses rely more heavily than ever on technology to operate, the distinction between Cloud Services and Professional Services has become one of the most overlooked...

South Africa Technology

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ENS

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

Welcome to this week's edition of our newsletter, your curated roundup of transformative projects, policy shifts, and market trends shaping the continent's investment landscape.

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

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Fairbridges Wertheim Becker

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

South Africa Government

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Fairbridges Wertheim Becker

Expired Bid Evaluation Committee Appointment – The Rotten Egg

South Africa Government

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Fairbridges Wertheim Becker

Key Insights Into The Amended Treasury Regulation 16

South Africa Government

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Fasken

Cyber Security Summit 2025 - Thank You For Joining (Video)

South Africa Technology

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SNG Grant Thornton

SARB Exchange Control Tightening: Mandatory SARS Compliance For Non-Resident Income Remittance

South Africa Tax

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Andersen in South Africa

King v: Data, Information And Technology – What You Need To Know

South Africa Commercial

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ENS

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South Africa Employment

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Fairbridges Wertheim Becker

Update On The EU's Carbon Border Adjustment Mechanism

South Africa Energy

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Webber Wentzel

PART 2: How Businesses Can Proactively Combat The Scourge Of The Construction Mafia

In part 1 of this article, we provided a background to the Preferential Procurement Policy Framework Act (PPPFA) in the construction industry.

South Africa Criminal

WW

Webber Wentzel

Private Sector Participation In Service Delivery: Legal And Ethical Challenges

Private sector contributions to government initiatives are on the rise in South Africa. In this article, we provide an overview of current public and private sector collaborations and examine the challenges...

South Africa Government

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ENS

Improving Mining Infrastructure For Economic Growth

Infrastructure is a bellwether of a country's potential for economic growth. Governments that spend on infrastructure give themselves the best chance to succeed, while underinvestment restrains inclusive economic prosperity. Mining is directly impacted by a country's infrastructure and ability to move mine product, key equipment, materials, and goods from source to market.

South Africa Energy

WW

Webber Wentzel

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

South Africa Government

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Fairbridges Wertheim Becker

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

South Africa Government

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ENS

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

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

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

In the evolving landscape of IT procurement, a significant shift has occurred with vendors being increasingly prescriptive and often insisting on their own "standard terms" as the baseline for agreements.

South Africa Government

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ENS

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

What constitutes "exceptional circumstances" in order to avoid an appeal from suspending an order? Section 18(1) of the Superior Courts Act 10 of 2013 ("the Act") permits a court to make effective...

South Africa Litigation

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ENS

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

Africa faces an annual infrastructure financing gap of USD68-108 billion according to the African Development Bank, leading countries to seek private investment.

South Africa Government

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ENS

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

South Africa's commitment to renewable energy is undeniable. With a growing number of projects in wind, solar and bioenergy, the need for efficient and secure Engineering...

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

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

Estimates suggest that the Namibian Government could receive close to USD106-billion (NAD2-trillion at the time of writing) from its petroleum royalties alone...

South Africa Energy

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ENS

Helping ShARE To Grow A New Generation Of African Leaders

Thomas Herman (of counsel) and Clémence Descoutures (senior associate) in our Paris office had the pleasure of leading a training session on public-private partnerships (PPPs)...

South Africa Government

HS

Herbert Smith Freehills Kramer LLP

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

The South African Government's new Preferential Procurement Regulations, 2022 ("2022 Regulations") have created uncertainty about how organs of state will identify "specific goals"...

South Africa Government

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ENS

Enforcement Of An Agreement Not To Sue

A pactum de non petendo ("pactum") is an agreement between parties whereby one party agrees not to institute legal proceedings against the other party, either temporarily or permanently.

South Africa Government

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Fasken

Africa And Middle East Political Calendar (2023-2025 Polls)

Worldwide Government

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Songhai Advisory LLP

New Preferential Procurement Regulations Will Give State Organs More Discretion To Implement Their Own Procurement Policies

South Africa Commercial

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ENS

Project Themis Overview

South Africa Litigation

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FTI Consulting

Black Economic Empowerment Timelines, Policy, People Shift In South Africa

South Africa Government

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Songhai Advisory LLP

Ensafrica | African Competition Law Roundup | JUN 2022

South Africa Anti-trust

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ENS

The Role Of The Principles Of Good Faith And Ubuntu In The Law Of Contract

South Africa Government

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Fasken

Customer Loyalty Programmes And The Section 24C Allowance: The Clicks Constitutional Court Case Perspective

South Africa Government

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SNG Grant Thornton

Cloud Computing In The Public Sector

South Africa Government

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ENS

Africa Regulatory ENSight 2022 | 04

South Africa Government

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ENS

Back To Basics: Clear Termination Provisions Are A Must For Master Agreements

South Africa Commercial

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ENS

Overview Of The Main Findings And Recommendations Of Part 1 Of The Report By The State Capture Commission

South Africa Criminal

AA

Adams & Adams

A Step Closer To More Affordable School Uniforms

South Africa Government

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Adams & Adams

Gauteng High Court Judgment Has Far-reaching Implications For SA's Mining Sector

South Africa Energy

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Tabacks

The Belt And Road Initiative

Worldwide Government

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Smit & Van Wyk

Africa Regulatory ENSight 2021 | 08

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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