Sakeliga wins court case: BEE and other prerequisites in public procurement invalid: Gordhan acts ultra vires
It is invalid and unconstitutional for organs of state to apply pre-disqualification criteria, such as black economic empowerment requirements, to tenders in public procurement. The Supreme Court of Appeal ruled in favour of business group Sakeliga today, with costs. The court found that the Preferential Procurement Regulations of 2017 conflicted with the Preferential Procurement Policy Framework Act, 5 of 2000 and the Constitution and consequently declared […]