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.
The Competition Tribunal does not have the power to grant absolution from the instance
The Competition Appeal Court (“the CAC”) in Competition Commission v X-Moor Transport (Pty) Ltd t/a Crossmoor Transport (273/CAC/Aug25) [2026] ZACAC 4 (22 June 2026), considered the question of whether the Competition Tribunal (“the Tribunal”) has the power to grant absolution from the instance in a prohibited practice case. In two prior cases the Tribunal