publishing of names and total bid prices of all bids received in order to enhance
transparency.20 There is also provision for the verification of the names of the
directors/trustees/shareholders of the preferred bidder against the institution’s staff
establishment prior to the award of any bid, to manage possible conflict of interest. In terms
of the instruction, institutions are compelled to ensure that tax matters of preferred bidders
are in order and that the names of preferred bidders and their directors/trustees/major
shareholders are not listed on the Register for Tender Defaulters and the Database of
Restricted Suppliers. It is also expected that bids in excess of the value of R 10 million may
only be advertised and awarded after the relevant treasury has verified that budgets exist
and that such goods and services are aligned with the targets/outputs indicated in the
strategic plan of the institution. Written confirmation by internal or external auditors must be
sought prior to the award of any bid in excess of R10 million to the Bid Adjudication
Committee and should indicate that the bid specifications were unbiased, that the bid
evaluation process was conducted in terms of stipulated criteria. The instruction further
imposed thresholds for expansion or variation of orders against the original contract of
construction related contracts to a maximum of 20% of the original contract value or R20
million, whichever is the lower amount and 15% or R15 million, whichever is the lower
amount, for all other contracts21.
In January 2012 an independent non-profit anti-corruption mechanism was established led
by civil society including the leading trade union federation, COSATU, named Corruption
Watch. Its aim is to enable ordinary South Africans to report any corruption they witness in
both the private and public sectors. Corruption Watch investigates selected cases on the
basis of their impact on society and hand over findings to authorities. The Corruption Watch
monitors progress on cases submitted to the government and mobilises communities and
use the media to expose corruption. Allegations of corruption are made to Corruption Watch
through their website, an SMS line, social media, email or post.
In addition to the above measures, BUSA, an association of private sector businesses as
well as a key stakeholder on the NACF, has created an Anti-Corruption Working Group
whose task is to assist business to deal with corruption and its negative effects on the
business environment and society in general. BUSA has adopted a programme that includes
the following projects:
Development of a code of integrity
A code of integrity which describes business
practices, standards and steps to be taken in order to
commit to and join in the fight against corruption.
Development of a Guide on Anti- A booklet for small and medium enterprises on
Corruption Measures (for SMME)
anticorruption legislation and measures to protect
themselves and know what to do when confronted
with corruption from external players.
Development
of
Anticorruption An overview over Anti-Corruption legislation,
Brochure for Foreign investors.
measures to be taken if confronted with corruption
20
21
Treasury Regulation
Ibid
48