| (1) |
The Minister, after consultation with all executing authorities— |
| (a) |
must make regulations regarding the manner in which procurement in terms of section 7(3) to (7) must take place, subject to the approval of the Minister of Finance; and |
| (b) |
may make regulations regarding— |
| (i) |
any matter that must or may be prescribed by regulation in terms of this Act; |
| (ii) |
the imposition of additional duties or conferment of additional powers on the Agency that are necessary to achieve its objects; |
| (iii) |
a procedure to resolve disputes between a department and the Agency; |
| (v) |
any other matter that is necessary to be prescribed in order to achieve the objects of this Act. |
| (2) |
Without limiting the generality of subsection (1)(a), such regulations— |
| (a) |
must provide for representation during the procurement process of the department that requires procurement; |
| (b) |
must provide for due consideration of suitable service providers department located in the province in which the goods or services are required; |
| (c) |
may include provision for the circumstances in which procurement through the Agency is not required of procurement through another institution may occur; and |
| (d) |
may include a procedure to resolve disputes regarding the preferred service provider. |
[Section 23 substituted by section 15 of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]