Introduction
Public procurement refers to the acquisition of goods, services and construction by government agencies and it serves as a critical mechanism through which public functions are executed, and public welfare is maximised (Arrowsmith & Quinot, 2013:1). Public procurement often accounts for up to 40% of the Gross Domestic Product in sub-Saharan African countries (OECD, 2021), which evidences its potential to drive social and economic transformation. As a law firm that holds the highest level of BEE-compliance, Adriaans Attorneys is deeply committed to the advancement of equality and empowerment. This article explores the persistent gender disparities in public procurement, shedding light on legal, financial, and socio-cultural barriers that inhibit women’s participation in public procurement markets and access to commercial opportunities.
Gender equality in public procurement
Public procurement actors often prioritise commercial interests such as profitability and efficiency. Although section 217(3) of the Constitution of the Republic of South Africa, 1996 (“Constitution”) provides for preferential treatment to redress historical inequalities, economic interests frequently overshadow social policy objectives, such as gender equality, unless explicitly integrated from the procurement planning phase. For commercial markets to thrive, gender equality must be central to economic development and trade liberalisation. Historically, women have been disproportionately disadvantaged and underrepresented in public procurement due to various legal, financial, and socio-cultural barriers (Rathi, 2025:1). It is therefore essential that government agencies prioritise the participation of women in economic spheres from which they are often excluded. Bridging gendered financial and economic gaps is not only a matter of justice – it is a pathway to sustainable growth.
Conceptualising gender-responsive public procurement
In order to achieve true gender equality, it is crucial that government agencies are conscious of underlying biases intrinsic within both economic and social spheres. Gender-responsive public procurement involves designing policies that actively promote gender equality and women economic empowerment (Williams-Elegbe, Dhar, Mulema, & Melesse, 2024:23). This includes awarding public contracts to “gender-responsive enterprises” – not necessarily only women-owned businesses but rather those that incorporate gender equality and principles into their business operations, policies, and workplace cultures (Williams-Elegbe, 2024:158). Such enterprises challenge entrenched norms and create inclusive environments where women can thrive. Therefore, by recognising and rewarding these practices, public procurement can act as a powerful tool for systemic change.
Barriers to gender-responsive public procurement
Despite existing frameworks such as the Preferential Procurement Policy Framework Act 5 of 2000 (“PPPFA”), gender inclusivity in public procurement remains limited. The following subsections will explore primary barriers to women’s participation and offer recommendations to address them:
Legal and policy barriers
South Africa’s current public procurement laws do not explicitly mandate gender-responsive practices nor do they require the incorporation of gender considerations into procurement planning. In practice, procuring officials often use their discretion to focus on legally mandated criteria, neglecting optional social policy objectives that favour minority groups (Nyeck, 2015: 55). As such, there is currently a distinct lack of integration between women economic empowerment and public procurement policies and practices. For instance, procurement laws in the Dominican Republic require that a certain percentage of public contracts be awarded to women-owned enterprises, thus requiring government agencies to incorporate gender inclusivity into procurement markets and facilitate women entrepreneurial development (Dominican Republic Decree, No. 543-12). Similarly, South Africa could work towards passing laws that require gender considerations in procurement processes. A strong initial first step can be to integrate explicit gender equality policies into the planning and evaluation phases of procurement processes to ensure that women economic empowerment is not merely aspirational but actionable.
Social and cultural barriers
It is evident that the commercial arena is fundamentally patriarchal and therefore male-dominated. As a result, (un)conscious biases and gendered norms contribute to the perception that lucrative contracts and competitive markets are not “suitable” for women’s participation. To counter this, government agencies should collaborate with women empowerment organisations and gender equality agencies to raise awareness about the value of gender inclusivity in public procurement (Williams-Elegbe, 2024:178). Furthermore, academic and vocational institutions could take the initiative to implement measures that develop the entrepreneurial capacities of women and girls across communities in order to bridge the gap in opportunities between men and women (Williams-Elegbe, Dhar, Mulema, & Melesse, 2024:34).
Financial barriers
The social biases and gendered norms intrinsic to the commercial arena have a ripple effect on the financial opportunities afforded to women. Investors and financial institutions often lack confidence in women entrepreneurs and view them as high-risk, ultimately limiting their access to funding and directly affecting their ability to compete in procurement markets (Rathi, 2025:1). To address this barrier, government agencies could potentially introduce financial incentives or exemptions for gender-responsive enterprises such as reducing or waiving bid security requirements, which could significantly increase the participation of women entrepreneurs in procurement markets.
Conclusion
Public procurement is far more than a mechanism for acquiring goods and services – it serves as a powerful tool in leveraging social and economic transformation through promoting gender equality and women economic empowerment. Despite its potential, the exclusion of women from meaningful participation in procurement markets remains a persistent issue due to the host of legal, financial, and socio-cultural obstacles faced by women within commercial spaces. If South Africa is to achieve true economic inclusivity, it must adopt a more intentional and structured approach to integrating gender equality into procurement laws, policies, and practices. By institutionalising gender-responsive procurement and entrenching gender considerations into procurement planning, by reducing financial barriers and by fostering inclusive entrepreneurial development, South Africa can effectively dismantle the systemic prejudice experienced by women in economic spheres and redefine commercial norms. Only then can we truly close the gender gap – and close the deal.
Works cited
Books:
- Arrowsmith, S. and Quinot, G. eds., 2013. Public procurement regulation in Africa. Cambridge university press.
Articles:
- Basheka, B.C., 2018. Inclusive public procurement. Administratio Publica, 26(1), pp.86-106.
- Nyeck, S.N., 2015. (Out) Bidding women: Public procurement reform diffusion and gender equality in Africa. Wagadu: A Journal of Transnational Women’s & Gender Studies, 14(1), p.2.
- Williams, S., 2024. Gender-responsive public procurement in Africa: Barriers and challenges. Journal of African Law, 68(2), pp.157-179.
Constitutions:
- Constitution of the Republic of South Africa, 1996.
Foreign laws:
- Dominican Republic Decree No. 543-12.
Reports:
- Organisation for Co-operation and Development (2021), Government at a Glance 2021, OECD Publishing, Paris, https://doi.org/10.1787/1c258f55-en.
- Williams, S., Dhar, D., Mulema, A.A. and Melesse, M., 2020. Public procurement and women’s economic empowerment in East Africa: challenges and opportunities.
Thesis:
- Rathi, D., 2025. Promoting Gender Equality Through Gender-responsive Public Procurement [védés előtt] (Doctoral dissertation, Budapesti Corvinus Egyetem).
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes and should not be construed as legal advice.
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