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Filter: B-BEE
Alignment or misalignment? The BEE Commission, the Competition Commission and M&A

15 April 2024,  Luhann Prinsloo

As much as M&A transactions are a part of our economic landscape and vital to economic growth and investment in... South Africa, there remains a vital balance been economic growth and addressing historical disparities and increasing the participation of previously disadvantaged in the economy. To regulate and align these objectives, the Competition Commission and BEE Commission play pivotal roles. But, do their functions complement each other? In this article, we investigate how their respective functions and mandates align (or not) in respect of the South African M&A environment.

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682
Article
BEE and the new Preferential Procurement Regulations

28 February 2023,  Kitso Tshipa

Following the Constitutional Court judgment in February 2022 where the 2017 Preferential Procurement Regulations were declared invalid, there has been... a misconception that this court decision has resulted in the wholesale scrapping of BEE when it comes to public procurement. Now with the new Preferential Procurement Regulations taking effect as of 16 January 2023, many tenderers are unsure of the extent to which BEE will still apply in public procurement.

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1511
Article
B-BBEE in state tenders done?

14 June 2022,  Kitso Tshipa

With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the... end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.

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Article

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