It is unconstitutional for state departments and state-owned entities to invoke pre-disqualification criteria to public tenders
DATE: 10 November 2020
AUTHOR: Maverick Citizen
By Tim Hart, Narnia Bohler-Muller and Gary Pienaar
By ruling against the racial pre-disqualification criteria to public procurement tenders, the Supreme Court of Appeal has told the state that it must ensure that as the largest procurer of goods and services it must approach procurement in line with the Constitution and implicitly the 1955 Freedom Charter, to the benefit of all who live in South Africa.
Tim Hart is a senior research manager in the Developmental Capable and Ethical State (DCES) research division of the HSRC. Narnia Bohler-Muller is Divisional Executive in the DCES research division at the HSRC and adjunct Professor of Law, University of Fort Hare. Adv Gary Pienaar is a senior research manager in the DCES research division of the HSRC.
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