PUBLIC PROCUREMENT: INPUT SOUGHT ON DRAFT GENERAL & TRIBUNAL REGULATIONS

PUBLIC PROCUREMENT: INPUT SOUGHT ON DRAFT GENERAL & TRIBUNAL REGULATIONS

• 16 April 2026
• National Treasury
• SA Legal Academy

In anticipation of operationalising the 2024 Public Procurement Act, National Treasury has gazetted notices separately calling for input on two sets of draft regulations. Published on the National Treasury website:

• the draft general regulations seek to provide a ‘framework within which procuring institutions may develop and implement … procurement systems’, while
• the draft public procurement tribunal regulations focus on governance, management and administrative issues fundamental to the institution’s establishment and effective functioning.

According to an accompanying media statement, given the length and complexity of the draft general regulations stakeholders have until 15 June 2026 to make input. The deadline for public comments on the draft tribunal regulations is 16 May 2026.

Against that backdrop, the draft general regulations seek to:

• promote ‘strategic procurement’
• prescribe:
  • procurement methods, requirements and procedures
  • bid evaluation criteria and weighting methods
  • bid validity timeframes, and
  • bidder security vetting measures
• provide for the use of other organs of state when:
  • acquiring goods, services, infrastructure and capital assets
  • constructing, repairing or maintaining infrastructure or capital assets, and
  • letting, transferring or disposing of assets
• specify requirements to be met when procuring:
  • travel and accommodation services, and
  • legal services, and
• prescribe thresholds and conditions for:
  • preferential procurement
  • set-asides, and
  • pre-qualification and sub-contracting bidding conditions.

Regarding administration and management, among other things the draft regulations prescribe:

• bid committee system processes and procedures
• contract management procedures
• bidder/supplier debarment timeframes
• debarment register maintenance
• Public Procurement Office and provincial treasury intervention procedures
• procurement officials’, accounting officers’ and bid committee members’:
  • competency requirements
  • declarations of interest, and
  • codes of conduct, and
• information access and retention requirements.

Once established, the tribunal will focus on matters relating to:

• reconsidering decisions on bid outcomes, and
• bidder/supplier debarring.

With that in mind, among other things the draft public procurement tribunal regulations:

• prescribe fees, and
• regarding tribunal members, provide for:
  • appointment and related security vetting
  • a code of conduct, and
  • measures for dealing with the code’s contravention.

Please click the links below for more information:

• draft general public procurement regulations
• Government Gazette notice
• draft public procurement tribunal regulations
• Government Gazette notice
• media statement
• Act

Published by SA Legal Academy Policy Watch

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