PPPFA Case

OBJECTIVE OF THIS CASE

To have the proliferation of BEE regulations for state contracts (tenders) within the PPPFA declared invalid and to actively oppose such proliferation of BEE on other fronts. In particular, race-based pre-qualification that allows organs of state to pre-exclude bidders from tender processes based on race, is ultra vires and must be set aside. Sakeliga's interest in this matter lies in the fact that no proper opposition has yet been mounted to BEE legislation and / or regulations. The time is ripe for businesses to question and oppose BEE as an overly invasive policy in their business. This, to pave the way to a market-based procurement system that can ensure best value for money for the end user.

STATUS OF THIS CASE

Appeal was heard on 8 September 2020 and the case was decided in favour of Sakeliga on 2 November 2020, with costs. The Minister is appealing to the Constitutional Court, and the case has been put on the roll for May 25, 2021.

Watch the live court hearing here:

Constitutional Court hears oral submissions

Counsel for the parties make oral submissions in front of the Constitutional Court. Click on the button below to download the media summary.

EFF, Free Market Foundation, and Fidelity become involved in the case

The EFF, the Free-Market Foundation’s Rule of Law project, and the security company Fidelity have been admitted as respondents and/or friends of the court (amici curiae), for the trial scheduled for 25 May 2021 in the Constitutional Court.

Sakeliga files opposing papers in Constitutional Court

Sakeliga files opposing papers in the Constitutional Court, to oppose the Minister's appeal against the Supreme Court of Appeal's ruling (which declared pre-qualification criteria in procurement unconstitutional).

Minster files appeal papers in Constitutional Court

The Minister of Finance files papers at the Constitutional Court to apply for leave to appeal, to appeal against the Supreme Court of Appeal's ruling.

Minister applies to Constitutional Court for leave to appeal against the Supreme Court of Appeal judgment

Minister of Finance Tito Mboweni applies to the Constitutional Court for leave to appeal against the Supreme Court of Appeal judgment
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Sakeliga responds to Ace Magashule's response to the SCA judgment

Sakeliga indicates readiness to defend any appeal against its court victory over BEE-based pre-qualification in procurement regulations (PPPFA). This follows the ANC's statement in which he expressed its displeasure and demanded an appeal through its secretary general, Ace Magashule.

SCA delivers judgment in favour of Sakeliga

The Supreme Court of Appeal finds in Sakeliga's favour that the PPPFA regulations are invalid and should therefore be set aside. The case is won with costs and the declaration of invalidity is suspended for 12 months to give the Minister the opportunity to create new regulations.
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Case before the Supreme Court of Appeal

Sakeliga's appeal to the High Court judgment is heard via virtual media before 5 appeal judges. Sakeliga leads the proceedings with arguments surrounding the Minister of Finance exceeding his powers by technically creating new legislation under the cloak of ministerial regulations.