The Broad-Based BEE (B-BBEE) Commission, the body responsible for implementing BEE legislation, says that pre-qualification criteria for government tenders can still be set by the minister of trade & industry, even though a court has struck down a Treasury regulation that enables this.

On Monday, the Supreme Court of Appeal struck down a regulation made under the Preferential Procurement Policy Framework Act (PPPFA), which allowed state entities to set pre-qualification criteria for tenders. The regulation has been used to disqualify companies that are not 51% black-owned from entering the bidding process. The court said that the regulation was unconstitutional and gave the finance minister 12 months to revise it...

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