Section 217 of the Constitution sets the parameters within which organs of state must procure goods and services. The Preferential Procurement Policy Framework Act (“PPPFA”) and the Preferential Procurement Regulations give practical effect to these parameters. The legal framework seeks to balance fairness and competitiveness with the state’s obligation to procure goods and services efficiently and responsibly. The Supreme Court of Appeal’s recent decision in Urban Icon (Pty) Ltd v South African National Roads Agency SOC Ltd highlights the complexities of this task.
Reporting for Duty: Whether the Reinstatement Order Imposes Conditions on an Employee’s Entitlement to Backpay
On 13 August 2026, the Labour Court delivered judgment in 4PL.COM Logistical Solutions Provider v Oscar Mazwi Khoza. The decision turned on whether an employee who was awarded retrospective reinstatement is only entitled to backpay in accordance with a reinstatement order upon an actual tender of services in accordance with that order.