Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)8. Compulsory Disclosure by Prospective Suppliers |
| (1) | A prospective supplier must, when submitting a bid, disclose whether he or she or, in the case of a legal person, the entity, any of its members, directors, managers, or shareholders with a controlling or other substantial interest is– |
| (a) | in the employ of the State, or has been in the employ of the State in the twelve months preceding the submission of the bid; or |
| (b) | a member of Parliament, Cabinet, a provincial legislature, a provincial Executive Council or is a Municipal Councillor. |
| (2) | The Accounting Officer must reject a bid from a prospective supplier if he or she, or, in the case of a legal person, the entity, any of its members, directors, managers, or shareholders with a controlling or other substantial interest is— |
| (a) | in the employ of the State and his or her participation in the bidding process may compromise the fairness of the process; or |
| (b) | a member of Parliament, Cabinet, a provincial legislature, a provincial Executive Council or is a Municipal Councillor. |
| (3) | The Accounting Officer may reject a bid from a prospective supplier if he or she, or, in the case of a legal person, the entity, any of its members, directors, managers, or shareholders with a controlling or other substantial interest has been in the employ of the State in the twelve months preceding the submission of the bid and his or her participation in the bidding process may compromise the fairness of the process. |
| (4) | The Accounting Officer may condone a failure to disclose the information referred to in sub-regulation (1) timeously, but must reject a bid from a prospective supplier if it failed to disclose that information at the time the Bid Adjudication Committee makes its recommendation to the Accounting Officer. |