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.

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

The Democratic Republic of Congo continues to attract growing interest from sponsors, lenders and development finance institutions in the energy and infrastructure sectors.

South Africa Energy

IG

IR Global

African Transmission – The Unsung Hero

Africa's power sector is undergoing a fundamental shift as transmission infrastructure moves from the background to center stage. With projects emerging across South Africa...

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

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

South Africa Government

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ENS

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

South Africa Finance

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ENS

When Tax Structuring Stops Being About Tax

South Africa Commercial

Ai

Andersen in South Africa

South Africa Proposes Tougher Beneficial Ownership Rules: What Companies Need To Know

South Africa Commercial

E

ENS

Africa Tax In Brief

E

ENS

Looking Beyond The Headline: The Absa GAAR Judgment Explained | Absa Bank Limited And Another V Commissioner For The South African Revenue Service

South Africa Tax

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ENS

Withdrawal Of South Africa’s Draft National Artificial Intelligence Policy

South Africa Technology

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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

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

E

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

Expired Bid Evaluation Committee Appointment – The Rotten Egg

South Africa Government

FW

Fairbridges

Key Insights Into The Amended Treasury Regulation 16

South Africa Government

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Fasken

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

Imagine trying to bake a cake with an expired ingredient, one bad egg and you end up with a disaster instead of a dessert. That's exactly what happened when one member's...

South Africa Government

FW

Fairbridges

Key Insights Into The Amended Treasury Regulation 16

Public Private Partnerships ("PPPs") are a common method of procurement in South Africa, and particularly since the introduction of Regulation 16 of the Public Finance Management Act 1 of 1999 (the "PFMA").

South Africa Government

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Fasken

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

South Africa Criminal

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Webber Wentzel

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

AA

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

This article endeavours to transition Justice Zondo's invitation out of the realm of the rhetorical to meaningful engagement.

South Africa Government

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Fasken

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

The Public Finance Management Act (Cap. 171) ("the PFMA") is an important Act governing how public monies are collected, spent and accounted for.

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

HS

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

Enforcement Of An Agreement Not To Sue

South Africa Government

F

Fasken

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

Worldwide Government

SA

Songhai Advisory LLP

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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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