Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)9. Barring of persons participating in the bidding process |
| (1) | The Accounting Officer must require from a prospective supplier participating in a bidding process such information as is necessary to establish whether the prospective supplier, 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— |
| (a) | has been convicted of fraud, corruption or any other crime involving dishonesty in the past five years; |
| (b) | has wilfully breached a contract with an organ of state during the previous five years; or |
| (c) | is not cleared by the South African Revenue Service in respect of their tax matters. |
| (2) | The Accounting Officer must exclude a prospective supplier from the bidding process 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— |
| (a) | has been convicted of fraud, corruption or any other crime involving dishonesty in the past five years; |
| (b) | has wilfully breached a contract with an organ of state during the previous five years; |
| (c) | is listed in the Register for Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); |
| (d) | is not cleared by the South African Revenue Service in respect of tax matters; |
| (e) | has been found to be dishonest in its participation in the Supply Chain Management System of Parliament during the last five years; or |
| (f) | fails to disclose the information required by the Accounting Officer in terms of these Regulations. |