The director-general of the National Treasury has written to all organs of state ordering them not to advertise new tenders.
on Friday says the instruction follows a Constitutional Court ruling on February 16 that the finance minister acted beyond the scope of his powers under the Preferential Procurement Policy Framework Act when he promulgated procurement regulations in 2017.
The regulations, among other things, introduced pre-qualification criteria to be eligible to tender. Under the regulations, if an organ of state elects to apply the pre-qualification criteria, any tender that does not meet the criteria is an “unacceptable tender”. These qualifying criteria advance certain designated groups and provide that only certain tenderers may respond, including:Exempted micro enterprises or qualifying small enterprises ; andIn his memo, Mogajane said the ConCourt's majority judgment dismissed the finance minister's appeal against a Supreme Court of Appeal decision that found the promulgation of the regulations unlawful.
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