The Constitutional Court has held that the finance minister acted beyond the scope of the powers conferred on him by the Preferential Procurement Policy Framework Act when he promulgated procurement regulations in 2017.
The regulations introduced prequalification criteria to be eligible to tender. Under the regulations, if an organ of state elects to apply the prequalification criteria, any tender that does not meet the criteria is an “unacceptable tender”. ..A subscription helps you enjoy the best of our business content every day along with benefits such as articles from our international business news partners; ProfileData financial data; and digital access to the Sunday Times and Sunday Times Daily.
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