Bill to Clean Up Tender Processes |
Publication | Business Day |
Date | 2003-08-15 |
Reporter |
Wyndham Hartley |
Web Link |
Companies and businessmen found guilty of corruption in government tender processes are now almost certain to be barred from bidding for government contracts for a minimum of five years.
The blacklisting is set to become part of the Prevention of Corruption Bill which is at present before Parliament's justice committee.
The committee ordered that clauses providing for such a penalty be included in the bill after seeking legal opinion on the matter.
Committee chairman Johnny de Lange said the opinion from the state law advisers was a very good one and it said that it would be in order to establish a blacklist for the four offences related to tendering that were in the bill.
"If companies or individuals are guilty of these offences then they have effectively given up their rights to be part of any tender process. We are of the view that the trial court should, in passing sentence, include the name in the register," he said.
De Lange also said that it was the intention to include, where a company was listed, the names of the individuals at the company who were involved.
This was so that they could not start another company and secure government contracts.
He said the intention was also to make it an offence for anyone whose name was on the list to assist any other individual or company with tender procedures. In addition to this being an offence it would immediately disqualify any tender thus made.
"We want the minimum period to be for a period of no less than five years but if the court has imposed a period of listing which is longer than that, then the individuals and companies involved can apply for rehabilitation and a shortening of the period but only after the initial five year period is over," he said.
De Lange explained that while the list might be held in the Public Service Commission, there were issues which could involve private bodies and this could lead to it being placed in the hands of the national treasury.
In a separate development, De Lange has dismissed suggestions that he was stalling the process of the sexual offences bill through Parliament as has been reported.
With acknowledgements to Wyndham Hartley and the Business Day.