Draft Regulations Issued Under Public Procurement Act, No. 28 of 2024

Posted 16 April 2026 Written by Acts Online
Category National Treasury

Brought to you by SA Legal Academy: National Treasury has published two sets of draft regulations for public comment in anticipation of the commencement of the Public Procurement Act, No. 28 of 2024.

In terms of the Public Procurement Act, No. 28 of 2024, National Treasury has gazetted notices calling for input on draft general regulations and draft public procurement tribunal regulations. These regulations are essential for the implementation of a unified procurement framework across all spheres of government and public entities.

Draft General Regulations

The draft general regulations seek to standardise administration and management across the procurement lifecycle. According to the National Treasury, these regulations prescribe:

  • The methods and procedures for the procurement of goods, services, and infrastructure;
  • Requirements for the mandatory use of the national e-Procurement system;
  • Standards for the conduct of procurement officials, bidders, and suppliers; and
  • Frameworks for preferential procurement and local content requirements.

Due to the complexity of the draft general regulations, stakeholders have until 15 June 2026 to submit written comments to the National Treasury.

Draft Tribunal Regulations

The draft public procurement tribunal regulations provide the procedural framework for the newly established Tribunal. Once operational, the Tribunal will focus on the review of decisions made by procuring entities and the resolution of disputes arising from the procurement process. The draft regulations cover:

  • The formal process for lodging an application for review by an aggrieved bidder;
  • The composition, sitting, and administrative functions of Tribunal panels;
  • Procedures for conducting hearings and the rules of evidence; and
  • The nature of orders the Tribunal may issue, including the setting aside of decisions or awarding of costs.

The deadline for public comments on the draft tribunal regulations is 16 May 2026.

Click here to access the draft documents on the National Treasury website.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; professional impact is channelled through the updated regulatory framework governing the conduct of procurement practitioners.
  • For your business: Your firm must prepare for a transition to the mandatory national e-Procurement system and align internal bid-response protocols with the new standardised procurement methods.
  • For your clients: Advise clients participating in public sector tenders to review the new Tribunal procedures, as these will become the primary mechanism for challenging irregular or unfair award decisions.

Originally published at https://legalacademy.co.za/news/read/public-procurement-input-sought-on-draft-general-tribunal-regulations

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