R21 of 2016 – Msunduzi Local Municipality

1. The procurement of, and contracting for security equipment and security services, as envisaged in the Private Security Industry Regulation Act, 2001 (Act No.56 of 2001), by or on behalf of the Municipality in terms of contract number 23 of 2009 and contract number 23 of 2013, from a service provider and payments made in respect thereof in a manner that was (a) not fair, equitable, transparent, competitive or cost-effective; (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, circulars, practice notes or instructions issued by the National Treasury; (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Municipality; (c) fraudulent; or (d) conducted or facilitated by the manipulation of the SCM or procurement processes of the Municipality (i) by the service provider; or (ii) in collusion with or through the intervention of councillors, officials or employees of the Municipality in order to unduly benefit themselves or others, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality.
2. Any non-compliance by the service provider with its obligations in terms of contract number 23 or 2009 and contract number 23 of 2013.
3. Any unlawful or irregular conduct by the (a) Municipality, the councillors, officials or employees of the Municipality; or (b) service providers, its directors, employees or agents, relating to any of the allegations set out in para 1 or 2 of the Schedule.