Minister is found to have no power to make procurement regulations
Constitutional Court rules that finance minister acted beyond scope of powers conferred on him
17 February 2022 - 15:00
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”. ..
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