The Public Procurement Act 28 of 2024
("the Procurement Act") was assented to on 18 July 2024 by the President and published in the Government Gazette on 23 July 2024. The Procurement Act is not yet in operation and will take effect on a date determined by the President by proclamation in the Government Gazette. According to its preamble, the Procurement Act, amongst others, regulates public procurement; prescribes a framework within which preferential procurement must be implemented; and provides for matters connected therewith.
On 16 April 2026, the National Treasury, in terms of section 63(1) of the Procurement Act, published two sets of draft regulations by the Minister of Finance for public comment in Government Gazette Numbers 54528 and 54527, respectively, ie: (i) the Draft General Public Procurement Regulations, 2026
("General Public Procurement Regulations") and (ii) the Draft Public Procurement Tribunal Regulations, 2026
("Public Procurement Tribunal Regulations").
In broad terms, the General Public Procurement Regulations provide a procurement framework within which procuring institutions may develop and implement their procurement systems, which includes the promotion of strategic procurement, procurement methods, requirements and procedures, and criteria and weighting for the evaluation of bids. They also provide for a bid committee system and the requirements in respect thereof, contract management requirements and standards for officials involved in procurement, including declarations of interest and codes of conduct for officials, other persons involved in procurement and bidders or suppliers. In addition, the General Procurement Regulations, inter alia, address the thresholds and conditions for preferential procurement through set-asides, pre-qualification and subcontracting.
The Public Procurement Tribunal Regulations set out the procedural and administrative framework for the functioning of the Public Procurement Tribunal, as established in terms of section 36 of the Procurement Act. The Public Procurement Tribunal Regulations include, amongst others, provisions relating to the appointment and vetting of Tribunal members, the fee payable when an application for review as contemplated in the Procurement Act is submitted to the Tribunal, a code of conduct to which Tribunal members are subject to and required to comply with as well as the measures and steps to be taken where Tribunal members are in contravention of the aforesaid code of conduct.
Members of the public and interested stakeholders are invited to submit written comments on these draft regulations. The closing date for comment on the Public Procurement Tribunal Regulations is Friday, 15 May 2026, while the closing date for comment on the General Public Procurement Regulations is Monday, 15 June 2026.
Click here for the General Public Procurement Regulations, 2026 and
click here for the Public Procurement Tribunal Regulations, 2026.
