Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)RegulationsMunicipal Supply Chain Management Regulations, 2005Chapter 2: Framework for Supply Chain Management PoliciesPart 4: Other Matters50. Resolution of disputes, objections, complaints and queries |
| (1) | The supply chain management policy of a municipality or municipal entity must provide for the appointment by the accounting officer of an independent and impartial person not directly involved in the supply chain management processes of the municipality or municipal entity— |
| (a) | to assist in the resolution of disputes between the municipality or municipal entity and other persons regarding— |
| (i) | any decisions or actions taken by the municipality or municipal entity in the implementation of its supply chain management system; or |
| (ii) | any matter arising from a contract awarded in the course of its supply chain management system; or |
| (b) | to deal with objections, complaints or queries regarding any such decisions or actions or any matters arising from such contract. |
| (2) | A parent municipality and a municipal entity under its sole or shared control may for purposes of subregulation (1) appoint the same person. |
| (3) | The accounting officer, or another official designated by the accounting officer, is responsible for assisting the appointed person to perform his or her functions effectively. |
| (4) | The person appointed must— |
| (a) | strive to resolve promptly all disputes, objections, complaints or queries received; and |
| (b) | submit monthly reports to the accounting officer on all disputes, objections, complaints or queries received, attended to or resolved. |
| (5) | A dispute, objection, complaint or query may be referred to the relevant provincial treasury if— |
| (a) | the dispute, objection, complaint or query is not resolved within 60 days; or |
| (b) | no response is received from the municipality or municipal entity within 60 days. |
| (6) | If the provincial treasury does not or cannot resolve the matter, the dispute, objection, complaint or query may be referred to the National Treasury for resolution. |
| (7) | This regulation must not be read as affecting a person’s rights to approach a court at any time. |