NATIONAL ASSEMBLY
INTERNAL QUESTION
QUESTIONS FOR WRITTEN REPLY
2 December 2009
125. Mr T D Harris (DA-WC) to ask the Minister for the Public Service and
Administration:
Whether he or his department is considering any amendments to the Public
Service Handbook to make it a dismissible offence for public servants to
procure services from an entity listed on the Register of Tender
Defaulters; if not, what is the position in this regard; if so, what are
the relevant details? CW201E
REPLY:
1. There are current public service prescripts makes provisions for the
department to institute disciplinary measures should an official
contravene any public service regulation.
Section 13 of the Prevention and Combating of Corrupt Activities Act
(Offences in respect of corrupt activities relating to procuring and
withdrawal of tenders) â criminalizes any corrupt activity that takes
place during the awarding, invitation or withdrawal of a tender. Any
person who is convicted of this offence, shall be liable to any of the
penalties (imprisonment or fine) contemplated in this Act will be
applied.
With reference to the Register of Tender Defaulters, the Act makes
provisions for the Minister of Finance in consultation with Minister
of Justice to make regulations in respect of any contravention or
failure to comply with the regulations governing the register,
prescribe imprisonment or fine for a period not exceeding 12 months
period.
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