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Strategic Litigation
Court action

Cases

The full record of court action — pending, in progress, won.

Full archive
7 results
Completed

BEE in Public Procurement Regulations

State procurement regulations made in 2017 by the Minister of Finance represented a watershed moment in procurement and BEE in South Africa. Before 2017, companies tendering for state contracts could

In Progress

BEE Requirements for International Airlines

Sakeliga has been approached by international stakeholders in the aviation industry regarding the insistence of the International Air Services Council (a local regulator) on B-BBEE (Broad-Based Black

Case

CompCom Race Requirements for Mergers and Aquisitions

The Competition Commission has published guidelines for the application of section 12A of the Competition Act, in terms of which the Commission openly insists that parties to major transactions must p

In Progress
In Progress

Pushing Back BEE for Property Practitioners

The regulator retreated, removing unlawful level 8 BEE requirements for licences.

Case

Protect Procurement Victory

Arising from Sakeliga’s victory in the Constitutional Court on 16 February 2022 against BEE in state procurement, the Minister of Finance brought an urgent court application to vary the order. An amen

Completed
Completed

Blocking Unlawful BEE in Local Air Services

The High Court declared it unlawful to subject licencing to race-based criteria.

Case

Public Procurement Act

Sakeliga considers the new Public Procurement Act to be unconstitutional. The Act, which has not yet been implemented, forces state organs to preferentially procure while the Constitution considers it

In Progress

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