With the Public Procurement Act of 2024 now signed into law, we have reached the most critical stage for businesses and citizens: the drafting of the regulations that will govern how billions of Rands are spent.
Read the full article about the Act here: Inflated Costs, Deflated Growth: The hidden price tag of the 2026 Regulations
The National Treasury is currently under pressure to ensure these final rules are legally “bulletproof,” especially following the “Stop-Gap” era of 2022. This is your window of opportunity. High-quality, technical feedback is often the catalyst for adjusted thresholds or vital exemptions before the law is finalized.
If you want your voice to carry weight, here is the roadmap for submitting an impactful comment
1. The logistics: Where and When
Precision is key. If your submission is late or lacks the correct references, it may not be considered.
- The Deadline: 15 June 2026
- The Email: DraftGeneralProcurementRegulations@treasury.gov.za
- The Reference: You must cite Government Gazette No. 54528 and include the full title of the regulations in your subject line
2. Structure for Maximum Impact
A simple email expressing frustration is rarely effective. To be taken seriously by the Treasury, use a professional, “sectional” approach.
- The Header: Clearly state your name or the organization you represent, along with your contact details.
- The Context: Briefly explain your interest in these regulations and the specific ways they will impact your operations.
- The Clause-by-Clause Analysis: * Reference: Cite the specific regulation number (e.g., “Regarding Regulation 4”).
- State the Concern: Explain the practical or economic impact. For example: “The R20m set-aside for 100% black-owned firms may limit the pool of specialized security tech providers”.
- Propose an Amendment: Don’t just identify a problem; offer a solution. Suggest alternative wording or a more workable threshold.
- Conclusion: Summarize your primary recommendations in a brief closing statement.
3. Professional Best Practices
To ensure your submission stands out during this highly contested period, follow these three golden rules:
Be Evidence-Based
If you believe a regulation will drive up costs or hamper service delivery, back it up with data. Use market rates, supplier availability statistics, or economic forecasts to prove your point.
Focus on Consistency
Point out where the draft might conflict with existing legal frameworks, such as the Constitution or the Public Procurement Act of 2024 itself.
Maintain the Right Tone
Avoid political rhetoric. Instead, use a professional legal tone focused on “regulatory workability” and “economic growth”. If your organization has significant concerns, explicitly request an appearance in your cover letter: “We would appreciate the opportunity to address the Portfolio Committee in person should public hearings be held”.
Why act now? The transition from the 2017 legal battles to the current 2024 Act has been a long road. This public comment period is the final hurdle where technical, high-quality feedback from the business community can prevent future legal “limbo” and ensure a fair, workable procurement system for all South Africans.
