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Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)

Regulations

Municipal Supply Chain Management Regulations, 2005

Chapter 2: Framework for Supply Chain Management Policies

Part 3: Logistics, Disposal, Risk and Performance Management

40. Disposal management

 

(1) A supply chain management policy must provide for an effective system of disposal management for the disposal or letting of assets, including unserviceable, redundant or obsolete assets, subject to sections 14 and 90 of the Act

 

(2) A supply chain management policy must—
(a) specify the ways in which assets may be disposed of, including by—
(i) transferring the asset to another organ of state in terms of a provision of the Act enabling the transfer of assets;
(ii) transferring the asset to another organ of state at market related value or, when appropriate, free of charge;
(iii) selling the asset; or
(iv) destroying the asset;
(b) stipulate that—
(i) immovable property may be sold only at market related prices except when the public interest or the plight of the poor demands otherwise;
(ii) movable assets may be sold either by way of written price quotations, a competitive bidding process, auction or at market related prices, whichever is the most advantageous to the municipality or municipal entity;
(iii) in the case of the free disposal of computer equipment, the provincial department of education must first be approached to indicate within 30 days whether any of the local schools are interested in the equipment; and
(iv) in the case of the disposal of firearms, the National Conventional Arms Control Committee has approved any sale or donation of firearms to any person or institution within or outside the Republic;
(c) provide that—
(i) immovable property is let at market related rates except when the public interest or the plight of the poor demands otherwise; and
(ii) all fees, charges, rates, tariffs, scales of fees or other charges relating to the letting of immovable property are annually reviewed; and
(d) ensure that where assets are traded in for other assets, the highest possible trade-in price is negotiated.