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National Treasury: Draft Public Procurement Tribunal Regulations
- 14 May 2026
- Legal and Compliance
- South African Accounting Academy
The draft Public Procurement Tribunal Regulations seek to provide for matters that must be prescribed through regulations in terms of the Act and for other procedural and administrative matters necessary to be regulated in respect of the Tribunal established in terms of section 36 of the Act.
The establishment of the Tribunal and its related matters require supporting regulations in respect of:
- Tribunal fees required to be prescribed in terms of section 63(1)(a)(xiv) of the Act;
- the security vetting of members of Tribunal in terms of section 63(1)(a)(iii)(aa) of the Act;
- the procedures for the appointment of Tribunal members in terms of sections 37(1) and 63(1)(b)(vii) of the Act;
- the code of conduct for members of the Tribunal required to be prescribed in terms of section 9(1) of the Act; and
- the measures and steps to be taken in the event of a contravention of the code of conduct by members of the Tribunal.
It is necessary that the Tribunal is established before the Act and the General Public Procurement Regulations are brought into effect as this body is essential for the implementation of the Act.
The Public Procurement Tribunal Regulations will take effect on a date to be determined in terms of section 63(5) of the Act.
Comments were due by 15 May 2026 (after a very short commentary period).
Access the Government Gazette No. 54527 at https://www.treasury.gov.za/public comments/ProcReg/GG No 54527 Notice Draft Public Procurement Tribunal Regulations, 2026.pdf
Click here to download the 8-page Regulations:
https://www.treasury.gov.za/public comments/ProcReg/Draft Public Procurement Tribunal Regulations 2026 for consultation ito section 63(3) of Act.pdf
Relevance to Auditors, Independent Reviewers & Accountants:
- The Public Procurement Act (and Regulations) is yet another piece of legislation that your parliament and provincial legislature clients must comply with, and which you must assess compliance with. If they don't comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
- As an auditor and independent reviewer, you need to consider amendments to legislation that are gazetted relating to parliament and provincial legislatures – specifically Public Procurement legislation.
Relevance to Your clients:
- Relevant entities (specifically parliament and provincial legislatures) have a duty to comply with the Public Procurement Act and Regulations, otherwise they could be held liable.
- Relevant parliament and provincial legislature entities should be aware of amendments to legislation that are gazetted relating to FIC – specifically Public Procurement legislation.