Act 28 of 2024 · draft regulations published April 2026
The Public Procurement Act still is not in force
Where the Act actually stands
The Public Procurement Act 28 of 2024 was assented to on 18 July 2024 and gazetted on 23 July 2024. Being signed and being in force are different things: an Act binds you only once its commencement is proclaimed. As at August 2026 that proclamation has not happened.
In April 2026 National Treasury published two sets of draft regulations for public comment under section 63 of the Act — the draft General Public Procurement Regulations, 2026, and the draft Public Procurement Tribunal Regulations, 2026. Comment on the Tribunal drafts closed on 15 May 2026. Comment on the General drafts closed on 15 June 2026, after Treasury extended the deadline because of their length and complexity. Both remain drafts, and drafts change after comment.
What it does not mean
What governs your bid today
Until commencement, your tender is scored under the Preferential Procurement Policy Framework Act and the Preferential Procurement Regulations, 2022. The part contractors most often get wrong is what the preference points are actually for.
80/20 at or below R50m
80 points for price, 20 for the specific goals named in the tender. This is the split most contractors will meet on most work.
90/10 above R50m
90 points for price, 10 for specific goals. The bigger the contract, the more the award turns on price alone.
The trap: those 20 or 10 points go to the specific goals the organ of state names in that tender document. They are not automatically B-BBEE points any more. Two tenders from the same department can score the same company differently, so the goals section of each document has to be read rather than assumed.
What to get in order now
- Tender records. Complete records of what you submitted, when, and to whom. Under a Tribunal regime with short challenge windows, the evidence you can produce quickly is the evidence you have.
- Ownership and subcontracting. Accurate ownership information and properly verified subcontracting arrangements. Material performance failures can carry consequences beyond a single contract, including debarment.
- The standing registrations. CSD, a valid Tax Compliance Status PIN, CIPC annual returns filed, and the right CIDB grade and class for the work. None of that is changed by the new Act, and all of it disqualifies you today. See the bid readiness checklist.
Frequently asked questions
Is the Public Procurement Act 28 of 2024 in force?+
No. The President assented to it on 18 July 2024 and it was gazetted on 23 July 2024, but as at August 2026 it has not commenced. An Act only binds you once its commencement is proclaimed, and that proclamation has not happened.
So what governs my tender right now?+
The Preferential Procurement Policy Framework Act and the Preferential Procurement Regulations, 2022, together with the PFMA or MFMA rules for the buyer you are bidding to. That is the law your bid is scored under today.
How are preference points calculated under the current rules?+
The 2022 regulations apply an 80/20 split for tenders at or below R50 million and 90/10 above it. Importantly, the 20 or 10 preference points go to the specific goals the organ of state names in that particular tender document — they are no longer automatically B-BBEE points. Read each tender document, because the goals differ.
What are the 2026 draft regulations?+
In April 2026 National Treasury published two drafts for public comment under section 63 of the Act: the draft General Public Procurement Regulations, 2026, and the draft Public Procurement Tribunal Regulations, 2026. Comment on the Tribunal regulations closed on 15 May 2026, and on the General regulations on 15 June 2026 after an extension for their length and complexity. They are drafts and may change before they are made.
What is the Public Procurement Tribunal?+
A body the Act creates to review procurement decisions. The draft regulations set out how a challenge is brought, and the time periods for doing so are short. Practically, it means an unsuccessful bidder will need to be able to react to an award decision quickly, with its tender records already in order.
Know where you stand on every tender you open
Industrial Hub matches live South African government tenders to your trade and province, scores your B-BBEE preference points, and runs a Bid Readiness check — CIDB grade, CSD, tax and B-BBEE — on each one. Try it free for 14 days.
Start your free trialSources: National Treasury, draft General Public Procurement Regulations, 2026 and SAnews, “Have your say on draft procurement regulations”.