Introduction
South Africa’s public procurement framework is approaching significant reform. The Public Procurement Act 28 of 2024 has not yet commenced. However, National Treasury published the Draft General Public Procurement Regulations, 2026 and the Draft Public Procurement Tribunal Regulations, 2026 on 16 April 2026.
Although the regulations remain in draft form, they provide a clear indication of what contractors, consultants and public bodies should begin preparing for.
The proposed framework will affect:
- the transition of existing tenders and contracts;
- bidder exclusions and debarment;
- beneficial ownership and other disclosure requirements;
- subcontracting and preferential procurement;
- internal reconsideration, Tribunal proceedings and court reviews; and
- the procurement and contract records that must be retained.
For contractors, accurate ownership information, properly verified subcontracting arrangements and complete tender records will become increasingly important. Material performance failures may also carry consequences beyond a particular contract, including possible debarment.
For public bodies, preparation should include reviewing procurement policies and tender templates, mapping tenders and contracts that may be affected by the transition, strengthening bidder-verification processes and ensuring that evaluation and award decisions are fully documented.
The proposed challenge procedures also contain short time periods. Contractors should therefore have systems in place to escalate award and debarment decisions immediately, while procuring institutions should be able to produce a complete and defensible procurement record without delay.
The Act may not yet be in force, but preparation should not be postponed. The systems required to verify bidders, manage subcontracting, preserve evidence and respond to procurement challenges cannot be created effectively after a dispute has arisen.
At Tiefenthaler Legal, our Cape Town office is led by Chairman Martin van der Schyf, supported by director Lodewikus Esterhuizen, together with a dedicated team specialising in legal services for the mining, energy and construction sectors.
Contact us
Contact our Cape Town office at capetown@tft-legal.com or Martin van der Schyf at martin@constructionlaw.co.za or Lodewikus Esterhuizen wikus@constructionlaw.co.za .