R23 of 2020 – State Institutions – Covid-19 Procurement

1. The procurement of, or contracting for goods, works and services, including the construction, refurbishment, leasing, occupation and use of immovable property, during, or in respect of the National State of Disaster, as declared by Government Notice No. 313 of 15 March 2020, by or on behalf of the State Institutions, and payments made in respect thereof in a manner that was a) not fair, competitive, transparent, equitable or cost-effective; or b) contrary to applicable i) legislation; ii) manuals, guidelines, practice notes, circulars or instructions issued by the National treasury or the relevant Provincial Treasury; or iii) manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the State Institutions; or c) conducted by or facilitated through the improper or unlawful conduct of i) employees or officials of the State Institutions, or any other person or entity, to corruptly or unduly benefit themselves or any other person; or d) fraudulent and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the State Institutions or the State. 2. Any improper or unlawful conduct by the officials or the employees of the State Institutions or any other person, in relation to the allegations set out in paragraph 1 of this Schedule, including the causes of such improper or unlawful conduct and any loss, damage or actual or potential prejudice suffered by the State Institutions or the State.