What's changed in public procurement — the Public Procurement Act and the 2026 draft regulations

The Public Procurement Act 28 of 2024 was signed and published in July 2024, but it comes into operation only by presidential proclamation, and National Treasury confirmed it was not yet in force. Draft General Public Procurement Regulations were published for public comment in April 2026. Until commencement, bidders still work under the Preferential Procurement Policy Framework Act 5 of 2000 and the Preferential Procurement Regulations, 2022.

Reviewed by TefCo Compliance Research — last verified 7 September 2026.

In short

The Public Procurement Act 28 of 2024 was published on 23 July 2024 and commences by proclamation under section 69 — possibly in phases.
National Treasury confirmed on 13 August 2024 that the Act's provisions were not yet in force.
Draft General Public Procurement Regulations, 2026 were published for public comment in April 2026.
Preference points are still claimed under the Preferential Procurement Regulations, 2022, in effect since 16 January 2023.

Where the Public Procurement Act actually stands

The Public Procurement Act 28 of 2024 was assented to and published in the Government Gazette on 23 July 2024. It is intended to consolidate the public procurement framework and to prescribe a preferential procurement framework, eventually displacing the current PPPFA regime.

Section 69 of the Act provides that it comes into operation on a date fixed by presidential proclamation, and that different dates may be fixed for different provisions and different categories of procuring institutions. National Treasury said publicly on 13 August 2024 that the provisions were not yet in force.

As at the review date of this guide, no commencement proclamation had been confirmed and the implementing regulations were still in draft. If you are told the new Act now governs your bid, ask for the proclamation reference.

Commencement can be phased. Once a proclamation is issued, check which provisions apply to which institutions before assuming the whole Act is live for your bid.

Draft regulations out for comment in 2026

National Treasury published the Draft General Public Procurement Regulations, 2026 and draft Public Procurement Tribunal Regulations, 2026 for public comment in April 2026, under section 63 of the Public Procurement Act 28 of 2024. These are the rules that will operationalise the Act once it commences.

For bidders, the relevance is planning rather than compliance. The regulations signal how bid processes, preference and dispute resolution are intended to work under the new framework.

What governs your bid today

Preference points continue to be claimed on SBD 6.1 under the Preferential Procurement Regulations, 2022, made under the Preferential Procurement Policy Framework Act 5 of 2000, section 5. Those regulations took effect on 16 January 2023, replacing the 2017 regulations after the Constitutional Court judgment in the Afribusiness matter.

Financial management continues under the Public Finance Management Act 1 of 1999 and the Local Government: Municipal Finance Management Act 56 of 2003, and the constitutional standard in section 217 applies throughout.

The change that is already affecting bidders

One change is already live and routinely catches suppliers: from 1 September 2024 CIPC recommenced referring companies with outstanding annual returns for deregistration. Because the Central Supplier Database verifies against CIPC, an outstanding annual return surfaces at exactly the wrong moment.

What to do this quarter

Do not change your bid methodology yet — the 2022 preference regulations still apply.
Confirm your CIPC annual returns are filed and your CSD record reflects a clean status.
Read the draft 2026 regulations if you bid at scale, so your bid team is not learning them after commencement.
Watch for a commencement proclamation, and check whether it is phased before you act on it.

Frequently asked

Is the Public Procurement Act 28 of 2024 in force?

It was published on 23 July 2024 but commences by presidential proclamation under section 69. National Treasury confirmed in August 2024 that it was not yet in force, and no commencement proclamation had been confirmed as at this guide's review date.

Have preference point rules changed?

Not yet. The Preferential Procurement Regulations, 2022 have applied since 16 January 2023 and continue to govern preference point claims on SBD 6.1.

What are the 2026 draft regulations?

Draft General Public Procurement Regulations and draft Public Procurement Tribunal Regulations, published by National Treasury for public comment in April 2026 under section 63 of the Public Procurement Act 28 of 2024.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.