Government Gazette

Vol.400 No. 19300, 2 October 1998

DEPARTMENT OF CONSTITUTIONAL DEVELOPMENT

No. R. 1224

LOCAL GOVERNMENT TRANSITION ACT, 1993 (ACT No. 209 OF 1993)

REGULATIONS REGARDING THE CALLING OF TENDERS

The Minister for Provincial Affairs and Constitutional Development has, after consultation with the MEC's, under section 12, read with section 10G(5)(c) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), as amended, made the regulations in the Schedule.

SCHEDULE

Definitions

1. In these regulations a word or a phrase to which a meaning has been assigned in the Local Government Transition Act, 1993 (Act No. 209 of 1993), has that meaning and, unless the context otherwise indicates

"organ of state" means only an organ of state referred to in paragraph (a) of the definition of "organ of state" in section 239 of the Constitution of the Republic of South Africa, 1996.

Dispensing with calling of tenders

2. Subject to section 10G(5) of the Local Government Transition Act, 1993, a municipality may dispense with the calling of tenders

(a) in respect of any contract which is for the execution of any work for or the supply or sale of any goods or materials to the municipality where

  1. the amount involved or likely to be involved does not exceed an amount of twenty thousand rends;
  2. the contract relates to the publication of notices and advertisements by or on behalf of the municipality;
  3. any purchase is done on behalf of the municipality at a public auction or by competitive tender;
  4. the contract is for the supply of goods or materials to a municipality by a contractor of the national or provincial sphere of government at the price and on the terms and conditions applicable to such a sphere of government;
  5. the contract relates to any purchase by or on behalf of the municipality of a work of art and the council concerned has consented to such a purchase;
  6. the contract relates to the appointment of any person to provide professional advice or services and the council concerned has consented to such an appointment, provided that it is in accordance with a schedule of fees approved by a nationally recognised institute or body; or
  7. the contract is for the repairs to or the purchase of spare parts for machinery or equipment for which only one authorised supplier is available in the municipal area or in the Republic; and

(b) in respect of any contract which is for the sale of any goods or materials by the municipality

  1. at a public auction of which notice has been published in the press;
  2. commonly sold to the public at a charge fixed by law or by resolution of the municipality;
  3. at a uniform price or tariff fixed by law or by resolution of the municipality;
  4. which have previously been offered for sale at a public auction or in respect of which tenders have previously been invited but which could not be disposed of;
  5. the value of which, as assessed by the municipality, does not exceed four thousand rends; or
  6. where the sale of such goods or materials is so urgent that it would not be in the interest of the municipality to invite tenders.

Short title

3. These regulations are called the Dispensing of Tenders Regulations, 1998.