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State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Regulations

General Regulations

Part 2: Functions of Agency, Business Agreement and Dispute Resolution

6. Dispute Resolution 14 and Non-Compliance with Regulations

 

6.1 DISPUTES
6.1.1 A department and the Agency must make every reasonable effort to settle a dispute between them amicably through conciliation and negotiation within 30 days after the aggrieved party gave written notice to the other party.
6.1.2 If a dispute cannot be so settled or the subject-matter of the dispute necessitates settlement before the end of the 30 day-period referred to in regulation 6.1.1, either party to the dispute may refer the matter to the Minister for mediation.
6.1.3 If mediation fails, either party may refer the dispute for arbitration to the office of the State Attorney, which is located closest to the department’s head office.
6.1.4 The State Attorney must act as arbitrator and his or her decision will be final and binding on the parties.

 

6.2 NON-COMPLIANCE WITH REGULATIONS
6.2.1 Any department, public body, the Agency or any other interested person may report any alleged non-compliance with any provision of these Regulations to the Minister or an official of the Department of Public Service and Administration designated by the Minister for this purpose.
6.2.2 The Minister must take steps to ensure—
(a) the investigation of the alleged non-compliance; and
(b) if he or she is of the opinion that such non-compliance occurred, that it be remedied (if possible) and reported to the relevant authorities.

 

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14 See section 23(1)(b)(iii) and (2)(d) of the Act.