The IGL submission to comment on the Tribunal Regulations promulgated under the Public Procurement Act 28 of 2024

The institute for Governance and Law (IGL) submitted comments to the National Treasury on the Tribunal Regulations promulgated under the Public Procurement Act 28 of 2024 (the Act).

The Tribunal Regulations give effect to section 36 of the Act to establish a Tribunal to hear disputes related to public procurement. The Public Procurement Tribunal will have the authority to review decisions made by a procuring institution in terms of section 35 (award decisions) and section 15 of the Act (blacklisting a bidder or supplier).

The IGL raised several concerns with regard to the Tribunal Regulations:

1. The Regulations are premature as the Constitutional Court is set to hear arguments on the constitutionality of the governing Act on the 18 and 19 May 2026, which may render these Regulations void. Even if the Act is found to be constitutional, it would be necessary for Treasury to reopen the Tribunal Regulations for public comment.

2. The selection of members to the Tribunal skews heavily to the Executive, leaving out appropriate input from the private sector entirely. The Regulations, ideally, should include constructive consultations with professional bodies in the private sector for Tribunal appointments.

3. There is a concern about the status and role of the Tribunal in relation to the High Court, and whether it would be more effective to create a specialised Court instead.

The IGL also called attention to the overuse of regulation and how excessive regulation hampers industry and investment.

Below you'll find the IGL’s Comments on the Tribunal Regulations submitted to the National Treasury.

Here is access to the Tribunal Regulations promulgated under the Public Procurement Act.