National Treasury Publishes Draft Procurement Regulations for Public Comment

Public procurement in South Africa accounts for an estimated R1 trillion annually, making it one of the most significant levers for economic development, service delivery, and transformation.

National Treasury has taken a major step toward overhauling South Africa’s public procurement system, publishing the draft General Public Procurement Regulations, 2026 and draft Public Procurement Tribunal Regulations, 2026 for public comment.

The draft regulations, released in the Government Gazette under notices 54528 and 54527, are aimed at giving full effect to the Public Procurement Act, 2024 (Act No. 28 of 2024)—a landmark law expected to transform how government procures goods and services across all spheres of the state.

A critical reform of public spending governance

Public procurement in South Africa accounts for an estimated R1 trillion annually, making it one of the most significant levers for economic development, service delivery, and transformation.

The new regulations are designed to standardise procurement processes, strengthen oversight, and improve transparency and accountability across national, provincial, and local government.

“These regulations are necessary to bring into effect the Public Procurement Act, 2024,” National Treasury said, noting that the Act was signed into law by President Cyril Ramaphosa on 18 July 2024 and gazetted shortly thereafter.

The accompanying notices outline the purpose, operational framework, and anticipated impact of the regulations, signalling a comprehensive restructuring of procurement governance.

Two key regulatory pillars introduced

The reform package consists of two major components:

1. General Public Procurement Regulations, 2026 These regulations establish the core rules governing procurement processes, including:

• Standardised bidding and tender procedures

• Supplier management and compliance requirements

• Preferential procurement frameworks

• Contract management and performance monitoring

• Measures to prevent corruption, collusion, and irregular expenditure

Given their breadth and technical complexity, these regulations are expected to significantly reshape how public institutions procure goods and services.

2. Public Procurement Tribunal Regulations, 2026 These regulations focus on the establishment and functioning of a dedicated Procurement Tribunal, which will serve as an independent dispute resolution mechanism.

The Tribunal is expected to:

• Adjudicate procurement-related complaints and appeals

• Provide faster, more specialised resolution of disputes

• Strengthen fairness and accountability in tender processes

• Reduce reliance on lengthy court proceedings

Analysts say the creation of a Tribunal could be a game-changer in improving trust in public procurement by offering a transparent and accessible avenue for recourse.

Extended consultation period reflects complexity

Recognising the scale and importance of the reforms, National Treasury has set different deadlines for public submissions:

• Public Procurement Tribunal Regulations: Comments due by 15 May 2026

• General Public Procurement Regulations: Comments due by 15 June 2026

The extended consultation period for the General Regulations reflects their complexity and the wide-ranging impact they are expected to have on government operations, suppliers, and the broader economy.

Call for stakeholder participation

National Treasury has urged all stakeholders—including businesses, civil society organisations, procurement professionals, and the general public—to review the draft regulations and submit comments.

Written submissions can be sent to:

• DraftGeneralProcurementRegulations@treasury.gov.za

• DraftTribunalRegulations@treasury.gov.za

The full draft documents and supporting notices are available on the National Treasury website.

Towards a more transparent and efficient system

The publication of the draft regulations marks a crucial phase in implementing the Public Procurement Act, which aims to address long-standing challenges in the system, including inefficiencies, fragmentation, and corruption risks.

Key expected outcomes of the reforms include:

• Greater transparency in tender processes

• Improved value for money in public spending

• Enhanced support for small businesses and transformation objectives

• Stronger enforcement and dispute resolution mechanisms

As South Africa continues to pursue economic recovery and fiscal sustainability, the effectiveness of public procurement is increasingly seen as central to achieving inclusive growth and restoring public trust.

The consultation process will play a pivotal role in refining the regulations before they are finalised—potentially shaping one of the most significant governance reforms in recent years.