Treasury concedes to Sakeliga: organs of state may proceed with procurement

The Director-General of the National Treasury, Dondo Mogajane, today conceded to Sakeliga that his circular to organs of state regarding continued BEE prerequirements and stopping tenders was not binding.   This comes after a countrywide crisis was looming over the past couple of days in which virtually all government tender processes would grind to a halt […]

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 […]

Sakeliga ready for PPPFA appeal

Business group Sakeliga is ready to defend any appeal against its court victory over BEE-based pre-disqualification in procurement regulations (PPPFA). This follows a media statement by the ANC over the weekend, in which it expressed its dissatisfaction with the judgment and insisted, by way of its General Secretary, Ace Magashule, on an appeal. “Public service delivery should […]

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 […]