๐ ๐๐๐๐ ๐ฆ๐ง๐๐ง๐๐ ๐๐ก๐ง | Race requirements in state procurement declared unconstitutional
Solidarity scored another major victory today after the Constitutional Court ruled in its favour, finding that the Public Procurement Act was unlawfully enacted. As a result, race requirements may not lead to immediate exclusion from tender processes.
The matter, heard in May this year, concerns the Public Procurement Act, the process to enact the law and the race requirements imposed on applicants wishing to do business with the state. These requirements are not only more stringent than in the past, but in terms of the repealed Act, they also could have resulted in immediate exclusion from tender processes.
Solidarity has consistently maintained that the Act was unlawfully enacted, that state procurement may not be based on race requirements, and that the Act should therefore be repealed.
According to Solidarity Deputy Chief Executive Anton van der Bijl, these procurement requirements can be regarded as the stateโs own internal race rules.
These internal rules prescribe how state institutions are to use race when deciding with whom to spend taxpayersโ money.
โFor decades, the government has seen to it that race has become ever more deeply embedded in virtually every corner of the economy. Today, yet another important card in that house of cards has fallen.
"This ruling on public procurement is a victory for Solidarity, but it benefits every South African.
"For example, when the state commissions the construction of a road, purchases computers, or appoints a service provider, the prime question should be who can do the work best and who provides the best value, and not what race the provider belongs to," Van Der Bijl said.
Solidarity firmly believes that such funds should be used to ensure that taxpayers receive a good dividend on their hard-earned money and should not be used to enforce the governmentโs race policies.
According to Theuns du Buisson, economic researcher at the Solidarity Research Institute (SRI), the significance of the ruling extends far beyond public procurement. He also believes the ruling does not stand in isolation, and he is of the opinion that the pace at which the governmentโs race-based policies are coming under pressure, both locally and internationally, is now accelerating.
US Secretary of State Marco Rubio has just announced a new visa requirement policy targeting, among others, individuals whom the US government deems responsible for, or complicit in the introduction or implementation of race-based discriminatory legislation or policies in South Africa.
โIn a matter of days, we have seen both locally and internationally how the heat surrounding South Africaโs race-based policies is rising. This house of cards built on race-based policies is becoming shaky, and we will increase the pressure to ensure that it comes down,โ Du Buisson said.