Latest on Tender Regulations in South Africa
16 February 2022: Sakeliga wins in Constitutional Court: race-based procurement disqualification unlawful In February 2022, following a court battle of five years, Sakeliga achieved the first major BEE roll-back through litigation in the Constitutional Court. The court found that the Minister had exceeded his powers by promulgating controversial race-based procurement regulations (PPPFA regulations). The procurement […]
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 […]
Treasury must withdraw unlawful tender instructions; government tenders may proceed without BEE pre-requirements
The National Treasury has issued unlawful instructions to organs of state in what amounts to a deliberate attempt to sidestep the Constitutional Court’s recent public procurement judgment. These instructions also threaten to cause virtually all government tenders countrywide to grind to a halt without reason and to expose other tenders that are awarded in terms […]