To debar or not to debar : when to endorse a contractor on the register for tender defaulters
CITATION: Williams, S. & Quinot, G. 2008. To debar or not to debar : when to endorse a contractor on the register for tender defaulters. South African Law Journal, 125(2):248-258.
The original publicatio is available at https://journals.co.za/content/journal/ju_salj
The Prevention and Combating of Corrupt Activities Act 12 of 2004 (the Corruption Act) provides in s 29 for the creation by the National Treasury of a Register for Tender Defaulters. A court convicting a contractor on charges under ss 12 or 13 of the Corruption Act (which relate to corruption offences in public procurement) may order the contractor to be endorsed on this register. Endorsed contractors will be denied access to public contracts (debarred) for a period of between five and ten years (s 28(3)(a)(ii) and (iii)).