Proudly South African has come out in strong support and defence of South African Airways’ decision to establish deals for designated groups‚ in spite of questions being raised this week on the legality of SAA’s procurement policies and certain tenders.

“We support SAA’s ‘set-asides’ on the basis that Public Sector Procurement in South Africa is covered by the Constitution under Section 217. Sub-section 2 is very clear in that it established a constitutional principle and basis for ‘set-aside’ deals‚” said Proudly SA CEP Adv Leslie Sedibe.

“Any other law such as the PPPFA‚ PMFMA and MFMA — which does not support what the Constitution says in Section 217 — is‚ in our view‚ unconstitutional and is hostile to the developmental agenda in addressing the historical imbalances in South Africa‚” Sedibe added.

In his State of the Nation Address last year‚ President Jacob Zuma said that government would‚ in future‚ seek to “set-aside” 30% of all procurement for black-owned enterprises.

According to a Business Day report published on Friday‚ SAA subsequently implemented the President’s call but the National Treasury then ordered it to desist‚ saying no legal basis for set-aside deals had been established.

 “We believe that Section 217 (2) is very clear and establishes a constitutional basis for set-aside deals. The time has come for all organs of state — including State Owned Enterprises — to make firm and real commitments to support black business and other historically marginalised groups determined in the Constitution‚” said Sedibe.

“Bureaucrats must stop hiding behind highly hyphenated pieces of legislation such as the PPPFA (Preferential Procurement Policy Framework Act) because they are retarding the advancement of economic empowerment of historically marginalised groups‚” he concluded.