Is this the scrapping of Black Economic Empowerment and local content development? Certainly not says National Treasury in its media statement on 8 November 2022.
Serving as a placeholder whilst the Public Procurement Bill is being finalized, the 2022 Regulations repeal the 2017 Regulations and take effect on 16 January 2023. It requires that organs of state determine their own preferential procurement policies in accordance with section 2 of the PPPFA and the thresholds and formula prescribed in the 2022 Regulations.
The purpose of the 2022 Regulations gazetted by the Minister of Finance on 4 November 2022 is to ensure compliance with:
Among other things, in terms of the 2022 Regulations, an organ of state must, in the tender documents, stipulate the:
– applicable preference point system as envisaged in the regulations;
– specific goals in the invitation to submit the tender for which points may be awarded.
In this instance, the specific goals are as contemplated in section 2(1)(d) of the Act which may include contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on the basis of race, gender and disability including the implementation of programmes of the Reconstruction and Development Programme as published in Government Gazette No. 16085 dated 23 November 1994.
Read the full statement here https://bit.ly/3Xl4xi2
Read the Regulations here https://bit.ly/3GQucbs
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Published on 2022/11/15 at 10:16 am
