State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Chapter 7 : General and Miscellaneous Provisions

23. Regulations

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(1)The Minister, after consultation with all executing authorities—
(a)must make regulations regarding the manner in which procurement in terms of section 7(3) to (7) must take place, subject to the approval of the Minister of Finance; and
(b)may make regulations regarding—
(i)any matter that must or may be prescribed by regulation in terms of this Act;
(ii)the imposition of additional duties or conferment of additional powers on the Agency that are necessary to achieve its objects;
(iii)a procedure to resolve disputes between a department and the Agency;
(iv)information systems security applicable to all departments, subject to the approval of the Minister of Intelligence; and
(v)any other matter that is necessary to be prescribed in order to achieve the objects of this Act.

 

(2)Without limiting the generality of subsection (1)(a), such regulations—
(a)must provide for representation during the procurement process of the department that requires procurement;
(b)must provide for due consideration of suitable service providers department located in the province in which the goods or services are required;
(c)may include provision for the circumstances in which procurement through the Agency is not required of procurement through another institution may occur; and
(d)may include a procedure to resolve disputes regarding the preferred service provider.

 

[Section 23 substituted by section 15 of Act No. 38 of 2002]