Examples of JOBURG MARKET in a sentence
Tender Defaulters 1.6 Where JOBURG MARKET terminates this Agreement in whole or in part, it may decide to impose a restriction penalty on the Contractor by prohibiting the Contractor from doing business with the public sector for a period not exceeding 10 years.
Organ of State 1.2 As a municipal entity JOBURG MARKET is an “organ of state” as defined in section 239 of the Constitution of South Africa (108 of 1996) read with section 1 of the Institution of Legal Proceedings Against Organs of State Act (40 of 2002).
Municipal Finance Management Act 1.3 Contracting with JOBURG MARKET is subject, amongst others, to the Municipal Finance Management Act (56 of 2003) (“MFMA”), the MFMA Supply Chain Management Regulations (GN 868 in GG 27636 of 30 May 2005) (“SCM Regulations”) and, specifically, JOBURG MARKET’s Supply Chain Management Policy made in terms of section 111 of the MFMA and regulation 2 of the SCM Regulations (collectively referred to as the “SCM Regulatory Framework”).
In terms of subsections 61(5)(c) and (d), harm for which the Contractor may be held liable includes any loss of, or physical damage to, any property of JOBURG MARKET irrespective of whether it is movable or immovable including economic loss occasioned by such harm.
In terms of the irregular expenditure provisions of the SCM Regulatory Framework, JOBURG MARKET is prohibited from making any payment in relation to goods or services unlawfully or irregularly procured and/or rendered, notwithstanding that value might have been received.Consumer Protection 1.4 The Consumer Protection Act (68 of 2008) does not, in terms of section 5(2)(a), apply to any transaction in terms of which goods or services are supplied to the State.
If bidders, based on reasonable grounds or evidence obtained by JOBURG MARKET, have engaged such restrictive practices, JOBURG MARKET may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties.
Upon the foregoing and as required by the MSA, JOBURG MARKET entered into a Service Delivery Agreement with the COJ in terms of which JOBURG MARKET was appointed as an external mechanism for the delivery of a municipal service with the mandate to manage and operate the business of the fresh produce market and its assets.
Should the Contractor fail to respond within the stipulated fourteen (14) days, JOBURG MARKET might regard the intended penalty as not objected against and may impose it.
Any restriction imposed on any person by the Accounting Officer of JOBURG MARKET will, at the discretion of the Accounting Officer, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises, exercised or may exercise control over the enterprise of the first-mentioned person.
If a bidders are found guilty by the Competition Commission JOBURG MARKET may, in addition and without prejudice to any other remedy provided for in this Agreement or at law, invalidate the bid and/or terminate this Agreement in whole or part, and/or restrict the bidders from conducting business with the public sector for a period not exceeding ten (10) years.