The Minister of Finance brought an urgent court application to vary the Constitutional Court’s order of 16 February 2022 (judgment in Sakeliga’s favor) on BEE in state tenders. Sakeliga opposes the application, as the Minister, under the veneer of seeking an explanation from the court about the ruling, is actually trying to vary its scope.
Background:
Status: Finalised. Judgment in Sakeliga’s favour, with costs.
Case commenced: 18 March 2022
Court: Constitutional Court
Last court date:
30 May 2022 10:00. Judgment delivered.
30 May 2022 | The Constitutional Court delivers unanimous judgment in Sakeliga’s favour, with costs. |
19 April 2022 | The registrar of the Constitutional Court notifies the parties that the parties will be informed of when written judgment can be expected. |
24 March 2022 | The Minister of Finance files a replying affidavit (a response to Sakeliga’s answering statement of 16 March). |
16 March 2022 | Business League files an answering affidavit at the Constitutional Court in opposition to the Minister’s urgent application. |
4 March 2022 | The Minister of Finance files an urgent application with the Constitutional Court to obtain "clarity" on the scope and implication of the court’s order in Sakeliga’s favor on 16 February 2022. |
28 February 2022 | Sakeliga writes to the Director-General demanding that the illegal instruction of 25 February be withdrawn. |
25 February 2022 | The Director-General of the National Treasury issues a type of instruction to state organs to stop tender processes. Tender processes nationwide are grinding to a standstill. |
16 February 2022 | The Constitutional Court rules in Sakeliga’s favor in Afribusiness NPC v Minister of Finance. The case is a victory for Sakeliga over the application of BEE pre-disqualification in state tenders (declared illegal by the court). |