It is unconstitutional for state departments and state-owned entities to invoke pre-disqualification criteria to public tenders

Abstract

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.