Black council may take govt to ConCourt

Johannesburg - The Black Business Council (BBC) may take the government to the Constitutional Court over a procurement process it believes to be unfair, spokesperson and secretary Sandile Zungu said on Monday.

“We are quite keen to test... are set-asides unconstitutional when the constitution allows affirmative action? It doesn't make any sense,” Zungu said in Johannesburg.

“Set-asides” refers to a certain category of work in a government contract being set aside for a specific group, for example women, or black people.

“Set-asides is basically saying this volume of work will be left for this category of people,” Zungu said.

However, the National Treasury has said set-asides are unconstitutional.

State’s buying power not used

“They said specifically it would be unconstitutional. They... will not base their procurement practices on the standards of set-asides, so we have to test that.”

Zungu said Treasury believed anyone should be able to apply for a contract, and if one could fulfil the price, one could do the work.

This meant the state's buying power was not being used to transform the economy.

“We are saying trust in local players, and give local players a chance, and if they can't do the work, because they have capacity limitations, they must go and look for their own subcontractors."

He was speaking on the sidelines of an African National Congress and BBC meeting on the discussion documents on economic transformation, to be debated at the ANC's policy conference later in the month.

Prasa challenged over BEE approach

Zungu said the decision whether to take the issue to the Constitutional Court would depend on the outcome of the BBC's policy discussions.

Zungu recently challenged the Passenger Rail Agency of SA (Prasa) about its approach to black economic empowerment.

Prasa had said it would choose BEE partners for the companies that won contracts to supply it with new coaches, Business Day reported last week.

This was to try and ensure black partners were not chosen for their political connections or used in fronting scams.

Zungu reportedly said this suggested that black businesses "must wait until a suitable foreign contractor has been selected (and) is tantamount to saying black people have no role to play, and therefore no value to add, in (the) bid stages’ technical and financial work.

"It is dangerous in the extreme as it feeds into the stereotype that BEE is about handouts".
tax.payer.142 2012-06-12 08:01:15 AM
You want to go to court because you think something is unfair? BEE is unfair you incompetent corrupt backward fools!
herman.heil 2012-06-12 08:11:57 AM
So, now the incompetent has become even more useless??
herman.heil 2012-06-12 08:12:03 AM
So, now the incompetent has become even more useless??
Jimmy Millionwatts 2012-06-12 08:17:36 AM
I agree with Zungu on this one. Being given a small chunk of business when there is a bigger role to participate amounts to a token.
Deric Slabberts 2012-06-12 08:36:29 AM
The "black business council" saying something is unfair? How about a black council being unfair in the first place?
Gerald Jordaan 2012-06-12 08:37:05 AM
EE BEE et al is a load of k*k!! Money for mates!! Corruption at it's best !! This country is well on it's way to becoming a second Zimbabwe !! What a shame !! and the dumb sh*ts are too stupid to see the destruction!!
Danie 2012-06-12 08:37:07 AM
The question remain? How many additional ordinary poor blacks would have received a house, and municipal service, If their was no BEE in SA to take the cream by a few politicians and their friends, How many more criminals would have been in jail if we only competant black or white policeman was in the police, and work opportunities for our poor black people, if employers did not feel unsafe and leave SA and take their capital with them? How good would SA be in world sport if no top sportsman had to leave SA to achieve the top of the ladder in their sport? How abundant and cheap would food in SA be for all but especially for the poor black person to enjoy. if there where no land distribution to a few that is in any case not prepared to work day and night like the old generation farmers had to? Every one in SA would have been able to open any municipal tap any where in SA and drink the water, like in apartheid days? Is it because of BEE that the ordanary nary black person in many towns must walk or pay for a taxi to go and buy water?
Clintleeh 2012-06-12 08:41:42 AM
Is there such a thing as "The White Business Council"? and if so why dont they complain about the apparent unfairness regarding "white" people not being "set aside" a chuck just for them?
Clintleeh 2012-06-12 08:41:53 AM
Is there such a thing as "The White Business Council"? and if so why dont they complain about the apparent unfairness regarding "white" people not being "set aside" a chuck just for them?
eric.schollar 2012-06-12 08:50:56 AM
The sooner Mr Zungu gets over his racism and sense of entitlement, the sooner he may be able to compete in the adult world. Until then, have fun in your BBC playpen.