DID ANNUAL REPORT 2022-23

Annual Report 2022-2023

against anyone. To this effect, the Promotion of Equality and the Prevention of Unfair Discrimination Act (Act 4 of 2000) was promulgated.

The Act prohibits unfair discrimination against any person on the grounds of race or gender and requires that reasonable steps be taken to accommodate the needs of such persons. A schedule attached to the Act provides an illustrative list of unfair practices in certain sectors. This list cites “unfairly limiting access to contractual opportunities for supplying goods and services” as an unfair practice.

Public Audit Act (Act 26 of 2005)

Requires that the Public Auditor reasonably satisfies himself/herself, that satisfactory management measures have been taken to ensure that resources are procured economically and utilised efficiently and effectively. (The Public Auditor has wide powers to investigate and enquire into procurement matters and related control. He/she is furthermore obligated to report his/her findings either to Parliament or a Provincial legislative, as relevant).

Protected Disclosure Act (Act 26 of 2000)

Makes provision for the protection of employees in both the public and private sectors who disclose information in good faith regarding unlawful or irregular conduct to the Public Protector, Auditor-General, or a person or body established for this purpose in terms of the Act. In short, it protects those employees who “blow the whistle” on corrupt practices.

Electronic Communications and Transactions Act (Act 25 of 2002)

The Act establishes legal requirements for data messages and the communication of data messages.

7.4 LEGISLATION GOVERNING PROCUREMENT

There are various pieces of legislation that govern the achievement of the primary and secondary procurement objectives set out in the Constitution.

Broad-Based Black Economic Empowerment Act, 2003 (Act 53 of 2003)

The Act establishes a legislative framework for the promotion of black economic empowerment and to empower the Minister of Trade and Industry to issue codes of good practice and to publish transformation charters.

The Act further provides for the establishment of the Black Economic Empowerment Advisory Council. The recent amendments of the Preferential Procurement Policy Framework Act (2000) call for the submission of B-BBEE Status Rating Certificates as a basis for the evaluation of tenders, with the application of the 80:20 preference points system (tenders below R1 million) and 90:10 preference points system (for tenders above R1 million).

The Preferential Procurement Policy Framework Act (Act 5 of 2000)

To give effect to section 217(3) of the Constitution by providing a framework for the implementation of the procurement policy contemplated in section 217(2) of the Constitution; and to provide for matters connected therewith.

Section 217(3) of the Constitution allows for the procurement policy that provides for categories of preferences in allocating contracts and the protection and advancement of persons, or categories of persons, disadvantaged by unfair discrimination.

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DEPARTMENT OF INFRASTRUCTURE DEVELOPMENT