The recommendation forms part of the report handed to President Cyril Ramaphosa on Tuesday.
04 January 2022 - 22:01Acting Chief Justice and chair of the commission Raymond Zondo hands over part 1 of the report to President Cyril Ramaphosa at the Union Buildings in Pretoria. Picture: THULANI MBELE
The function of the proposed agency would be to initiate measures to protect procurement systems from corruption, issue guidelines for the betterment of procurement practices, prohibit any practices which facilitate corruption, fraud or undue influence in public procurement and protect and incentivise whistle-blowers.
The charter should include a code of conduct setting out the ethical standards that should apply in the procurement of goods and services for the public. Both the charter and the code of conduct should be given legal status by way of an act of parliament. The commission has also recommended that legislation be introduced or amended to ensure that anyone exposing corruption, fraud or undue influence in public procurement be given the protection stipulated in the UN Convention Against Corruption.
A further recommendation is for government to introduce legislation for deferred prosecution agreements by which the prosecution of an accused corporation can be deferred on certain terms and conditions where the company has self-reported facts for which they could be criminally implicated. The tribunal of the agency would sanction the terms and conditions agreement.
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