Sakeliga serves 278 municipalities with PAIA applications
11 April 2019
Business organisation Sakeliga issued all 278 South African municipalities with applications in terms of the Promotion of the Access to Information Act on Thursday.
The applications will help to investigate the extent to which municipalities are using new provisions in regulations to exclude contractors, on racial grounds, from tendering. Sakeliga is undertaking this investigation in parallel to a legal challenge to the contents of the regulations of the Preferential Policy Framework Act (PPPFA).
According to Daniel du Plessis, legal analyst at Sakeliga, in terms of these regulations, municipalities and other state organs are enabled to set prequalification criteria for tenders under certain conditions.
“These pre-qualifications are increasingly being applied to restrict all but level 1 or 2 B-BBEE compliant companies from tendering to provide products and services to municipalities. This has the effect of excluding many companies – even up to including some majority black-owned companies – from doing business with the state.”