7 November 2022 | By Mmangaliso Khumalo
Lobby group Sakeliga has reacted following the amendments to the country’s regulations governing black economic empowerment (BEE).
State-owned Entities (SOEs), including national or provincial departments and municipalities, in certain circumstances, no longer have to abide by BEE requirements when tendering.
The latest regulations published repeal the 2017-regulations which govern the awarding of contracts to tenderers not scoring/do not score the highest points.
“We are looking at a new era of state procurements that is focused on the value of money instead of high premiums for intermediaries who provide BEE or local content certification,” says Sakeliga chief executive officer Piet le Roux.
He says SOEs can choose which procurement process to follow.
The Constitutional Court found the country’s procurement regulations to be invalid.
The ruling in November 2020 has instructed the Minister of Finance Enoch Godongwana to make sweeping changes to the country’s BEE policies.
"It was not by accident that this came the regulations were published as a result of the five-year-long legal battle waged by Sakeliga and our victory in the constitutional court in February this year.
“This is very important because it paves the way for the value of money for procurement by state entities, municipalities, and provinces in South Africa focusing on the value for the public instead of high premiums for intermediaries who provide local content or BEE accreditation,” says le Roux.
‘Disclaimer - The views expressed here are not necessarily those of the BEE CHAMBER’