INTRODUCTION
On 16 April 2026, the National Treasury Published the draft General Public Procurement Regulations, 2026 (“GPPR”) and draft Public Procurement Tribunal Regulations, 2026 (“PPTR”) (“draft Regulations”). The draft Regulations are published in accordance with section 63 (1) of the Public Procurement Act, 2024 (“PPA”).
For the purposes of this article, the focus will be on the PPTR, which is established to ensure that government institutions procure goods, services, and work in a manner that is fair, equitable, transparent, competitive, and cost-effective as set out in section 217 of the Constitution as follows: “When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive, and cost-effective.”
In essence, the draft Regulations together with the PPA, aim to create a single regulatory framework for procurement that promotes efficiency, enhances transparency and integrity, and combats corruption
THE ESTABLISHMENT OF THE PUBLIC PROCUREMENT TRIBUNAL
Prior to the enactment of the PPA, there was no administrative body responsible for enforcing public procurement rules, other than the courts. In accordance with section 36 of the PPA, the Public Procurement Tribunal (“the Tribunal”) is mandated to review, mediate and provide remedies in respect of any complaints relating to public procurement processes, as provided below:
“(1) The Public Procurement Tribunal is hereby established to review decisions taken by –
- a procuring institution in terms of section 35;
- a procuring institution to debar or supplier in terms of section 15.”
This means that, where a bidder is dissatisfied with a decision made by a procuring institution, the bidder may rely on section 36 of the PPA, read together with the PPTR, to request a review by the Tribunal.
One of the key provisions of the PPTR is section 4, which concerns the vetting of members of the Tribunal. It introduces stringent requirements for all individuals seeking appointment to the Tribunal. And provides as follows:
“(2) The Public Procurement Tribunal is hereby established to review decisions taken by –
- the person nominated as a candidate in terms of section 38(2) of the Act –
- has no past convictions that may compromise the integrity of the Tribunal;
- is a citizen or a permanent resident of the Republic;
- is in good financial standing with no past involvement in financial mismanagement; and
- has no potential conflicts of interest, affiliations, or activities that may hinder the person’s ability to perform the duties as a member of the Tribunal;
- the person’s employment references and qualifications are correct.“
(3) The Minister may require a member of the Tribunal to undergo mandatory security vetting process contemplated in subregulation (2) during that member’s term of office.
This provision serves as a critical safeguard to ensure that only fit and proper persons are appointed, thereby protecting the integrity, independence, and credibility of the Tribunal. The inclusion of ongoing vetting powers further strengthens oversight by allowing continued assessment of members during their term of office, ensuring sustained compliance with these standards and promoting public confidence in the Tribunal’s decision-making processes.
The members of the Tribunal are also required to sign the code of conduct upon appointment which set the ethical and professional standards that guide how members of the Tribunal must behave when exercising their powers and performing their duties.
The code promotes fairness, transparency, and accountability by requiring members to avoid conflicts of interest, act impartially, and uphold ethical standards at all times. This, in turn, safeguards the credibility of the Tribunal, enhances public confidence in its decision-making processes, and supports the broader objectives of a transparent and efficient procurement system.
CONCLUSION
The draft PPTR, read together with the PPA, represents a significant development in South Africa’s public procurement framework, particularly through the establishment of the Public Procurement Tribunal as an enforcement and oversight mechanism. The introduction of stringent vetting requirements, a formal code of conduct, and mechanisms for termination of Tribunal members collectively underscore a clear emphasis on integrity, accountability, and transparency in procurement governance.