national treasury instruction notes

Premium content from before 2020 is now available for everyone! What was the National Prosecuting Authority (NPA) doing? He stated that Members across the political lines thought that National Treasury should give consideration to COSATU’s proposals. The Minister and the provincial MECs of Finance would have to consider the case of the politically exposed persons and deal with them. Had departments complied with the guidelines and price list and if not, why not? Closing remarks He also noted that all the items required for Covid-19 were not new but had been bought by the state on an ongoing basis and so National Treasury had provided a list of suppliers who had previously supplied the goods. It would be wrong to condemn B-BBEE and blame that for all the corruption. When would National Treasury finalise that? The NEC had made a bold statement, saying that it was embarrassed. National Treasury announced that the Emergency Procurement for PPE and protective clothing had been concluded because there was no longer a shortage of supply. There was a public outcry over procurement by national departments, provincial departments, local municipalities and public entities. Middlemen or rent-seekers would not create a new industrial or manufacturing class. Accounting Officers had to be held responsible for paying higher than list prices and for fraud, and law enforcement had to deal with those who had infringed laws. The Minister of Finance and his deputy were in attendance. The Members asked if there were procurement policies for the Solidarity Fund or whether it had been given the right to develop its own procurement policies, independent of National Treasury. The details of how and when the information would be published still had to be resolved but National Treasury had indicated that it would be published. The overall direction in which the country was going would require the strengthening of political systems, strengthening the role of public representatives and Executives, strengthening the role of auditing and accounting, and strengthening the prosecutorial systems to ensure that any malfeasance was taken care of. Officials in supply chain management who were in the network of corrupt service providers had to be isolated and something had to be done to cleanse those networks of corrupt officials and service providers. Something had to be done about politically exposed persons. National Treasury prior to the issuance of the Instruction Note. Co-Chairperson Maswanganyi invited the Minister to respond. He was sure that Mr Ryder did not think that way, but some of his colleagues did. It was important that small businesses could come onboard. He was not saying that international trade should be closed down, but if there were goods that could be manufactured in SA, why were they not manufactured in SA? With a Parliamentary Question, he could answer the questions publicly so that every MP could read his replies. He was adamant that the only way to curb corruption was to ensure successful prosecution and to jail those found guilty, especially politically exposed officials and leaders. Mr Dondo Mogajane, Director-General, NT, explained that National Treasury had issued various instructions since the Disaster was declared for both the Public Finance Management Act (PFMA) and the Municipal Finance Management Act (MFMA) organs of state. The Minister stated that he had a responsibility to check on the DG and if the DG engaged in illegal behaviour, he had to report him to the appropriate law enforcement authorities. If Bidders intend to download the RFP/RFQ from the National Treasury eTender Publication Portal at www.etenders.gov.za, free of charge they are required to send their contact details to the following address: GRP-TFR-PETenders@transnet.net by 18 July 2019 at 15:00. He added that there was a view from Mr Ryder that the ANC was tone deaf. The capacity would never be enough at National Treasury and hence the system was designed to delegate accountability to provinces. He proposed that the DG should get back to the Committee within three days with a date when the departments, etc. On 19 March 2020 the National Treasury issued Instruction No 8 of 2019/2020: Emergency Procurement in response to the national state of disaster (the “first Treasury Instruction”) which set out measures to assist and regulate organs of state in their procurement processes during the national state of disaster. The above sets of Minutes were adopted by the Standing Committee on Finance without amendments. How should MPs contact his office? Mr F Shivambu (EFF) said he had not heard what the DG was saying about Instruction Notes and Guidelines that had been given to all departments and what should actually happen. 07 of 2020/2021: Preventative Measures, Treasury Instruction No. PT Instruction Note No. That could be unconstitutional. There were people already earning R1 million salaries but who were making more money by acting corruptly. Co-Chairperson Maswanganyi noted the letter issued by the DG of National Treasury, Instruction No 7, regarding guidelines for the procurement of PPEs, but problems had been witnessed in the past weeks and there had been a public outcry. The Auditor-General would begin to audit the Supplementary Budget immediately and not wait until the end of the financial year. 3 of 2019/2020 on Fruitless & Wasteful Exp Framework, Annexure A - Fruitless and Wasteful Framework.pdf, Crosswalk to Amendments of the Irregular Expenditure Framework, Treasury Instruction No. He wanted to pay homage to front-line workers, be they health workers, members of the security cluster, law enforcement, or disaster management. That was disingenuous. Lots of good work had been done in relation to Covid-19, but it was clouded over by the malfeasance. The Minister added that South Africa could learn from the common platform and common pricing set by the African Union for all countries purchasing materials. Disciplinary action had to be taken against those who had deviated from the price list. Members had concerns about the personal protective equipment donated by Ace Magashule to Cuba. It was common knowledge that the virus did not live for a long time. He added that as that process went forward, he had to praise that which was good. What was the National Prosecuting Authority doing? How much had been allocated to Covid-19 and how much had been spent? There had been fronting and service providers were procured to offer services that they had never offered in their lives. Co-Chairperson Carrim reminded Members that COSATU had supplied them with a set of documents in which there was reference to shoddy PPE equipment. 14 July 2020 He would ask who had broken the rules. Processes would have to be tightened as, in some instances, trust had been broken. He also requested that the researchers send unanswered questions to National Treasury for written responses. It was not an issue that could take a long time. He was not convinced that National Treasury was the solution. One had to be conscious and look at the facts. He informed the Minister that he had been invited to explain what had been done in relation to Covid-19 procurement, but the situation was not entirely negative. A medium-term strategy and a longer term strategy were needed but the economy had to be restructured, transformed and de-racialised to allow the new entrepreneurs to operate in the private sector. The irregular expenditure only came at the end of the year. It consisted of a team of highly competent individuals who were well-equipped to perform their functions. National Treasury would make available a list of those who could supply the goods. Everyone was angry, even the Minister, as seen in his words when he had begun speaking. He presented the agenda and explained that the meeting had been convened to get information from the Minister and his officials about procurement during the Covid-19 pandemic. but he was worried that the money that should be spent on services to the public would go to chasing criminals, inside and outside of government. In some institutions, government was not fully winning the war in the fight against the thieves, despite all the laws and instructions, but government would be doing more. What would be done about it? 04 of 2020/2021: Extension of IYM and quarterly reports, Treasury Instruction No. In particular, he had to appreciate the common platform and common pricing set by the African Union for all countries purchasing the materials and the country would take learnings from that. The departments had to demonstrate that to National Treasury. In the Instruction Note, departments and entities had been instructed to report any expenditure above R1 million on Covid-related goods. On the preventative side, there were a number of controls that departments had, including laws, rules and Instruction Notes and good Accounting Officers but, despite the preventative measures, there were some people who were not providing a good service for South Africans. Remarks by the Deputy Minister of Finance To root out corruption, one had to have a detailed record and report. That was necessary for MPs to fulfil their roles. When would National Treasury finalise that? 25 June 2020 He knew of officials who worked over weekends to ensure that even funerals complied with the regulations. The ANC had come across the way it did in the NCOP because the entire debate was not about the budget and appropriations and proposals relating to it, but the debate had been simply about the corruption issue and while that was important, the purpose had been to debate the Bill. Secondly, it was up to law enforcement authorities to follow up on those companies that had been awarded tenders illicitly. Co-Chairperson Maswanganyi agreed. Co-Chairperson Maswanganyi indicated that Mr Hill-Lewis wished to say something. Mr Mogajane informed Members that in Instruction Note No 7 of 2020/21, the Office of the Auditor-General indicated that all Covid-19 expenditure had to be separated from all other expenditure so one would be able to see Covid-19-related expenditure. He thanked both Houses of Parliament for walking with National Treasury until the Adjustments Appropriation Bill had been passed. The trouble with the Tender Bulletin was that it did not tell who the directors and shareholders were. National Treasury had to strengthen internal audits to mitigate that within the departments, nationally, provincially and at local government level. As the country was losing jobs, what was government doing about localisation and local content, including promoting local industrialisation? 19 May 2020 What controls were in place to deal with inflation of quantities? Nevertheless, there were those who were taking advantage of the situation, both in business and officials, especially those in supply chain management. Government had imposed a lockdown which had restricted economic and social activities. During the meeting, the MEC for Finance in the Free State had sent him the list of companies that had received contracts in the Free State. It could not be underscored how greatly that trust in government, National Treasury and the governing party had been undermined. Co-Chairperson Carrim stated that the Committees should not only look at things subjectively and who was doing what and then dealing with those people using the appropriate law enforcement services. Were the guidelines effectively aligned with the PFMA and the MFMA so that one could not ignore the Instructions? It had become clear that there was a prima facia case to be made that not in all instances had the National Treasury Instruction Note been followed. In terms of the Covid-19-related budget allocated to the departments, Treasury had attempted to list the amounts but Mr Mogajane reminded Members that PPEs etc. What steps would be taken against those individuals who were stealing from the people? national treasury instruction 04 of 2015/2016: amendment of declaration certificates for local production and content for designated sectors [standard bidding document (sbd 6.2) and municipal bidding document (mbd 6.2)] on 21 july 2015 national treasury issued instruction note 4 of 2015/2016 - As DG, he had not issued any guidelines regarding the Solidarity Fund but he had held a meeting with the board chairperson and the CEO to ensure that the prescripts were in line with government policy of maximum value for money. Corruption Watch had written to National Treasury in April 2020, alerting the Department to the enormous possibility of corruption happening under the emergency procurement regulations. Her issue was that of the tender and whether it could be made open and transparent. Part and parcel of talking about preventative measures was the issue of who was in the institution in so far as good Accounting Officers could prevent the kind of things that had happened. 05 May 2020 He would keep the Committee informed about the progress in developing an ICT application for procurement. He noted how prophetic that was. He would be having that conversation with provincial Ministers of Finance the following day. The political system had national, provincial and local levels of government and at each sphere of government, there were Executive Authorities and Accounting Officers and if Treasury followed through the political and administrative system, it should be in a position to control the procurement very well. He repeated that Mr Ryder did not think that as he was not that sort of person, but what he had said bordered on that. Presentation by National Treasury National Treasury SCM Instruction Note 3 of 2016/17 — Preventing and Combating Abuse in the Supply Chain Management System, paragraph 8.1, states that accounting officers/accounting authorities must only deviate from inviting competitive bids in cases of emergency and sole supplier status. Of the Supplementary Budget of R145 billion, R122.4 billion had been allocated to the various departments, local government and other entities of state. Audio: National Treasury on procurement of PPE for COVID-19, Video: JM: Standing Committee on Finance and Select Committee on Finance, (NA and NCOP) 05 Aug 2020, nstruction Note No 5 of 2020/21 There were other oversight bodies at local and regional levels. There had to be urgent action. 7 - Unauthorised, Irregular and Fruitless and … Co-Chairperson Maswanganyi referred to the issue of cooperative governance. detailed Treasury Instructions was an illusion, and in fact accountability was undermined, as departments were required to obtain ‘approval’ from Treasury for example, to ‘write-off’ minor debts. What would happen if an Accounting Officer had deviated from the prices? The Committees frowned on narrow black empowerment and wanted to champion an inclusive economy. Provincial legislatures had oversight committees and Accounting Officers were accountable In an ethical society, everyone would have followed National Treasury Instruction Notes. Did National Treasury have the capacity to implement the proposals? The following sets of minutes were read. Of the Supplementary Budget of R145 billion, R122.4 billion had been allocated He had also received no reply. People should not rely on the state sector. Members hoped that the tendering process had been fair, competitive, equitable and transparent. National Treasury Instruction 4 of 2015/2016. Nothing else meaningful had been done. Co-Chairperson Carrim informed Mr Ryder that 3 500 delegates at Polokwane had decided to disband the Scorpions so he could not hold one or two people responsible for that decision. He was concerned about the fact that nothing had happened to the people who had looted the Giyani water project. Co-Chairperson Carrim repeated his question about how many Accounting Officers had undergone consequence management. Was there no system that could automatically identify companies that had directors linked to the state? How much had been allocated to Covid-19 and how much had been spent? The Minister thanked the Co-Chairpersons for giving him the opportunity to have the conversation with the Committees. 2nd Amendment of Instruction No. Treasury was trying to determine how that would work. He was not averse to that but as things stood; he had no reason to believe that National Treasury was incapable. They would have to consider the case of the politically exposed persons (PEPs) and deal with them. It would be wrong to say that black economic empowerment was responsible for all the corruption.

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