What Businesses Need to Know
The National Treasury has released two draft regulatory frameworks for public comment:
- Draft General Public Procurement Regulations, 2026
- Draft Public Procurement Tribunal Regulations, 2026
These drafts are intended to give effect to the Public Procurement Act, 2024. Importantly, these regulations are not yet law. They are currently open for public consultation and may change before final promulgation.
Why this matters
The Public Procurement Act, 2024 introduces a single regulatory framework for public procurement in South Africa.
However, the Act cannot be fully implemented until the supporting regulations are finalised. These draft regulations therefore provide the first detailed view of how procurement will operate in practice.
The 7 key changes
The draft regulations introduce seven core structural changes to how public procurement will operate, namely:
- Public Procurement Tribunal
- Standardised Procurement Methods
- Enhanced Supplier Due Diligence
- Structured Evaluation Criteria
- Preferential Procurement Framework
- Transparency and Reporting
- Contract and Performance Management
Key timelines
Draft Tribunal Regulations:
comments due within 30 days of publication
Draft General Procurement Regulations:
comments due by 15 June 2026
What the draft regulations propose
A more structured procurement environment
Procurement processes are expected to become:
- More standardised
- More transparent
- More formally governed
Increased compliance requirements
Suppliers should anticipate:
- More detailed documentation requirements
- More extensive verification processes
Greater accountability and review mechanisms
The introduction of the Tribunal may result in:
- Increased use of formal review processes
- Greater scrutiny of procurement decisions
What now? What should companies do?
1. Review compliance readiness
- Confirm tax and regulatory compliance
- Ensure ownership structures are clear and documented
2. Strengthen bid quality
Ensure submissions clearly demonstrate:
- Technical capability
- Experience
- Delivery capacity
3. Consider delivery models
Assess whether future bids may require:
- Joint ventures
- Subcontracting arrangements
4. Monitor developments
- Track updates from National Treasury
- Consider participating in the public comment process
5. Prepare for increased scrutiny
- Ensure submissions are complete, accurate, and internally reviewed
Final note
These draft regulations are not yet in force. The consultation process remains open, and changes may still be made before finalisation.
Organisations should use this period to:
- Understand the proposed framework
- Assess potential operational impacts
- Prepare for possible implementation
For further guidance on procurement readiness or submitting comments, contact nFold.