Mabece, RLChauke, Risenga SMokonyama, Mathetha T2026-07-272026-07-272026-07http://hdl.handle.net/10204/14867Subsidised public transport contracts for road-based public transport services have been operating in the form of ever-green contracts for many years. Majority of the contracts stem as far back as 1997 and keep being extended without going out to a new procurement process as envisaged in the Constitution. Some provinces have started to try and change the trajectory through tendered and negotiated contracts approaches as provided for in terms of sections 41 and 42 of the National Land Transport Act No. 5 of 2009 (NLTA), and others have tried to issue new tenders without following the provisions of the NLTA. Through a techno-legal review, interpretation and analysis of primary and secondary sources the paper provides a critical exposition of the regulatory framework and practices regarding contracting for subsidised public transport service contracts. The paper is necessary to address some of the in-session questions raised previously by delegates of the Southern African Transport Conference. The paper is also necessary to guide practitioners engaged in the procurement of these services. It also reflects on practical challenges in applying both processes and make recommendations on future public procurement processes considering the current applicable legal framework informed by the NLTA as amended by the National Land Transport Amendment Act No. 23 of 2023 and new contracting regulations. Specific practical recommendations are made pursuant of alignment with the Constitution and improved public transport service delivery.FulltextenSubsidised public transport contractsEvergreen contractingPublic procurement complianceNational Land Transport ActTendered and negotiated contractsTechno-legal analysisConstitutional procurement principlesPublic transport governanceConference Presentationn/a