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

Regulations

Municipal Supply Chain Management Regulations, 2005

Chapter 1: Establishment and Implementation of Supply Chain Management Policies

4. Delegation of supply chain management powers and duties

 

(1) The council of a municipality and the board of directors of a municipal entity must delegate such additional powers and duties to the accounting officer so as to enable the accounting officer—
(a) to discharge the supply chain management responsibilities conferred on accounting officers in terms of—
(i) Chapter 8 or 10 of the Act; and
(ii) the supply chain management policy of the municipality or municipal entity:
(b) to maximise administrative and operational efficiency in the implementation of the supply chain management policy;
(c) to enforce reasonable cost-effective measures for the prevention of fraud, corruption, favouritism and unfair and irregular practices in the implementation of the supply chain management policy; and
(d) to comply with his or her responsibilities in terms of section 115 and other applicable provisions of the Act.

 

(2) Sections 79 and 106 of the Act apply to the subdelegation of powers and duties delegated to an accounting officer in terms of subregulation (1).

 

(3) No municipal council, board of directors of a municipal entity or accounting officer may delegate or subdelegate any supply chain management powers or duties—
(a) in the case of a municipality—
(i) to a person who is not an official of the municipality; or
(ii) to a committee which is not exclusively composed of officials of the municipality; or
(b) in the case of a municipal entity—
(i) to a person who is not an official of the municipal entity; or
(ii) to a committee which is not exclusively composed of officials of the municipal entity.

 

(4) This regulation may not be read as permitting an official to whom the power to make final awards has been delegated, to make a final award in a competitive bidding process otherwise than through the committee system provided for in regulation 26.