Agri-businesses that are ‘too white’ are indeed being threatened

The Department of Agriculture recently vehemently denied its intention to make BEE a requirement for exports. However, their confidential internal documents tell a different story. The storm broke out following front-page reports in Rapport and City Press two weeks ago, stating that the government intended to prohibit white farms from exporting. The source was two […]

Immediate repeal of health regulations necessary, but litigation continues

Sakeliga has noted the expected repeal of the unlawful 4 May health regulations. Meanwhile, our litigation is going ahead unchanged and the Department of Health is still required to submit an answering affidavit today.*Should the government soon make an announcement concerning the regulations, we would like to point out that it is essential to ascertain […]

Sakeliga urgently heads to court over health regulations

Sakeliga yesterday served a court application on the Minister of Health, Joe Phaahla, President Cyril Ramaphosa and others. Sakeliga is asking the court to declare unlawful and unconstitutional and to set aside the health regulations that Minister Phaahla promulgated during the night hours of 4 May 2022. Sakeliga’s application differs from existing litigation and puts […]

Sakeliga litigation on health regulations imminent 

Sakeliga has notified President Cyril Ramaphosa and Health Minister Joe Phaahla that Sakeliga will litigate to have the health regulations published last week set aside, unless they withdraw the regulations by 18 May at 12:00.  In a letter by Sakeliga’s attorneys sent today, the President and Minister Phaahla is requested to engage  with Sakeliga or […]

UPDATE: Sakeliga litigation against renewed National State of Disaster on course 

Sakeliga opposes completely the extension of the National State of Disaster and is continuing its litigation. The extension is unjustified, illegal, and harmful.  Sakeliga’s litigation to end the National State of Disaster is proceeding well. Dr Nkosazana Dlamini-Zuma and other respondents are currently compelled by court rules to provide records relating to their impugned decisions, […]

New tender regulations show impact of Sakeliga win in Constitutional Court 

For the first time since 2017, BEE pre-disqualification criteria are absent from the minister of finance’s proposed regulations for public procurement tenders. The draft regulations published this week follow after the minister’s 2017 regulations, which elevated BEE to a basis for pre-disqualification of tenderers at the time, were declared illegal and invalid in February owing […]

Sakeliga achieves first significant ConCourt roll-back of BEE

Race-based tender pre-disqualification should end immediately. Sakeliga has today achieved the first significant roll-back of BEE through litigation. Organs of state should immediately cease the practise of applying BEE pre-disqualification to tenders. Failure to cease these and other practices that rely on unlawful procurement regulations would render any tender awarded by an organ of state […]

Ending the State of Disaster is compulsory – it must not continue by stealth

The South African government is working towards permanently entrenching powers that were tolerated only temporarily under the National State of Disaster. Instead of restoring normality, government is perpetuating the state of disaster by stealth, notably at a time when senior health professionals increasingly characterise Covid-19 as akin to seasonal influenza. President Cyril Ramaphosa stated during […]