R55 of 2014 – Department of Labour and the Compensation Fund

1. Compensation claim payments which were made by the Fund in a manner that was- (a) not fair, competitive, transparent, equitable or cost-effective; (b) contrary to applicable- (i) legislation; (ii) manuals, guidelines, practice notes or instructions issued by the National Treasury; or (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Fund; or (c) conducted or facilitated by or through the improper intervention of officials or employees of the Department and/or the Fund, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department and/or the Fund. 2. The conclusion by the Department and/or the Fund of- (a) a Public Private Partnership Agreement concluded with Siemens Business Services (Pty) Limited, on or about 1 November 2002; (b) a Termination Support Agreement concluded with EOH Managed Services Public Sector (Pty) Limited, on or about 27 November 2012; and (c) an agreement with the Medical Services Organisation South Africa for claims adjudication and medical service provider processing services, on or about 27 November 2012, alternatively 14 December 2012, in a manner which was- (i) not fair, competitive, transparent, equitable or cost-effective; or (ii) contrary to applicable- (aa) legislation; (bb) manuals, guidelines, practice notes or instructions issued by the National Treasury; or (cc) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department and/or the Fund, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department and/or the Fund. 3. The validity of the agreement concluded between the Department and/or the Fund and Siemens Business Services (Pty) Limited in terms of which the Department and/or the Fund agreed to the cession by Siemens Business Services (Pty) Limited’s of the contract mentioned in paragraph 2(a) thereof to Siemens IT Solutions and Services South Africa (Pty) Limited. 4. The procurement of goods, works or services by the Department and/or the Fund and payments made in respect thereof, in relation to- (a) the Request for Proposals for a Turnaround Strategy; and (b) the Request for Proposals for a Forensic Audit, in a manner which was- (i) not fair, competitive, transparent, equitable or cost-effective; or (ii) contrary to applicable- (aa) legislation; (bb) manuals, guidelines, practice notes or instructions issued by the National Treasury; or (cc) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department and/or the Fund, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department and/or the Fund.