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On 16 April 2026, the National Treasury published two sets of draft regulations under the Public Procurement Act 28 of 2024 (“the Act”) for public comment: the Draft General Public Procurement Regulations and the Draft Public Procurement Tribunal Regulations ("the draft General Regulations”).
These draft Regulations are essential to give full effect to the Act, which was assented to by the President on 18 July 2024 but is not yet in operation, until a date determined by the President. The Act is a comprehensive overhaul of South Africa’s public procurement framework, and the regulations provide the detailed operational requirements necessary for its implementation.
The draft General Regulations establish a unified system for procuring institutions to acquire goods, services, infrastructure and capital assets using public funds. Key features include alignment with the Broad-Based Black Economic Empowerment Act 53 of 2003, bid committee systems, infrastructure procurement frameworks, debarment registers, standard contract clause, and complaints handling procedures. The draft Tribunal Regulations address Tribunal fees, security vetting of candidates for Tribunal membership, the appointment process for Tribunal members and their Code of Conduct.
The draft General Regulations directly bind procuring institutions, which will be required to develop strategic procurement plans aligned with national development goals and the Medium-Term Expenditure Framework, implement formal bid committee systems, conduct independent gateway reviews for major projects and publish procurement information on official websites and central online portals. Public officials involved in procurement must meet prescribed competency requirements and adhere to ethical standards.
The draft General Regulations also seek to impose obligations on prospective service providers. The Regulations maintain the mandatory self-registration requirement on a prospective supplier database and require compliance with the highest standards of integrity, ethics and transparency. The preferential procurement regulations, including set-asides and subcontracting requirements, create opportunities for suppliers, particularly small, medium, and micro enterprises which appear to be similar to the sub-contracting requirements applied in procurement processes. For the public, provisions addressing the risk of corruption, debarment of non-compliant suppliers and the implementation of a comprehensive risk management framework that identifies risk at every stage of the procurement process all serve to protect the public interest.
Engaging with the draft Regulations within the given timeframe is essential. The Regulations will shape how public procurement is planned, executed, and overseen, and consideration of the appropriateness and practical feasibility is critical to facilitate long-term effectiveness and compliance.
Comments on the draft Public Procurement Tribunal Regulations are due by 15 May 2026. Due to the length and complexity of the draft General Public Procurement Regulations, the consultation period has been extended, with comments due by 15 June 2026.
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