PPPFA Regulations

In a recent application by the Minister of Finance (“the Minister”) against Afribusiness NPC (“Afribusiness”) in the Constitutional Court, the Minister sought relief to appeal an order by the Supreme Court of Appeal (the SCA) in terms of which it was held that the Minister’s promulgation of regulation 3(b), 4 and 9 of the Preferential Procurement Regulations published in January 2017 (the 2017 Regulations) was unlawful and invalid and in terms of which the 2017 Regulations were set aside (the SCA suspended its order for 12 months).