Western Cape
South Africa
South Africa
Western Cape Procurement (Business Interests of Employees) Act
Act 8 of 2010
- Published in Western Cape Provincial Gazette 6832 on 10 December 2010
- Assented to on 8 December 2010
- Not commenced
- [This is the version of this document from 10 December 2010 and includes any amendments published up to 12 April 2024.]
1. Definitions
In this Act, unless the context otherwise indicates—"accounting authority", in relation to a provincial public entity, means the accounting authority referred to in section 49 of the Public Finance Management Act, 1999 (Act 1 of 1999);"business interest" means —(a)a right or entitlement to share in profits, revenue or assets of an entity;(b)a real or personal right in property;(c)a right to remuneration or any other private gain or benefit,and includes any interest contemplated in paragraphs (a), (b) or (c) acquired through an intermediary and any potential interest in terms of any of those paragraphs;"Cabinet Member" means the Premier or a Provincial Minister;"employee" means a person employed by the Provincial Government or a provincial public entity, whether permanently or temporarily, including —(a)an employee as contemplated in section 8 of the Public Service Act;(b)a person appointed in terms of section 12A of the Public Service Act;(c)a person transferred or seconded to the Provincial Government or a provincial public entity in terms of section 15 of the Public Service Act; and(d)an educator as defined in the Employment of Educators Act, 1998 (Act 76 of 1998),and includes a member of the board or other controlling body of a provincial public entity;"entity" means any —(a)association of persons, whether or not incorporated or registered in terms of any law, including a company, corporation, trust, partnership, close corporation, joint venture or consortium; or(b)sole proprietorship;"entity conducting business with the Provincial Government" means an entity that contracts or applies or tenders for the sale, lease or supply of goods or services to the Provincial Government;"family member" means a person’s —(a)spouse; or(b)child, parent, brother or sister, whether such a relationship results from birth, marriage or adoption;"intermediary" means a person through whom an interest is acquired, and includes —(a)a person to whom is granted or from whom is received a general power of attorney; and(b)a representative or agent;"member", in relation to a provincial public entity, means a member of the board or other controlling body of the provincial public entity;"prescribe" means prescribe by regulation under section 8;"Provincial Government" means the Provincial Government of the Western Cape, and includes a provincial public entity;"provincial public entity" means a provincial public entity as defined in section 1 of the Public Finance Management Act, 1999;"Public Service Act" means the Public Service Act, 1994 (Proclamation 103 of 1994);"responsible Cabinet Member" means the Cabinet Member responsible for the relevant provincial department or provincial public entity, as the case may be;"spouse" means a person’s —(a)partner in marriage;(b)partner in a customary union according to indigenous law; or(c)partner in a relationship in which the parties live together in a manner resembling a marital partnership or customary union;"this Act" includes the regulations made under section 8.2. Disclosure of business interests of employees and family members of employees in entities conducting business with Provincial Government
3. Restriction of business interests of employees in entities conducting business with Provincial Government
4. Database
The Head of the provincial department responsible for finance must compile and maintain a database of all business interests disclosed in terms of section 2 by employees and by entities conducting business with the Provincial Government.5. Failure to comply with Act
6. Delegation
7. Application of other legislation
This Act does not affect the application of any other legislation that regulates procurement by the Provincial Government or provides for the disclosure of the interests of employees.8. Regulations
The Provincial Minister responsible for finance may make regulations regarding —9. Short title and commencement
This Act is called the Western Cape Procurement (Business Interests of Employees) Act, 2010, and comes into operation on a date fixed by the Premier by proclamation in the Provincial Gazette.History of this document
10 December 2010 this version
08 December 2010
Assented to