National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 69

REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS 8. In accordance with the PAA and in terms of General Notice 1111 of 2010, issued in Government Gazette 33872 of 15 December 2010, I include below my findings on the annual performance report as set out on pages 61 to 65 and material non-compliance with laws and regulations applicable to the public entity. Predetermined objectives Usefulness of information 9. The reported performance information was deficient in respect of the following criteria: • Measurability: The indicators are not well defined. 10. The following audit findings relate to the above criteria: • For the reported objectives, 33% of the planned indicators were not clear, as unambiguous data definitions were not available to allow for data to be collected consistently. Compliance with laws and regulations Procurement and contract management 11. Awards were made to bidders who did not submit a SBD 4 declaring whether the bidder or any person connect with the bidder is employed by the state or if the bidder is a legal person, whether the bidder has a relationship with persons/ a person involved in the evaluation and/ or adjudication of the bids as per the requirements of Practice Note 7 of 2009/10. INTERNAL CONTROL 12. In accordance with the PAA and in terms of General Notice 1111 of 2010, issued in Government Gazette 33872 of 15 December 2010, I considered internal control relevant to my audit, but not for the purpose of expressing an opinion on the effectiveness of internal control. The matters reported below are limited to the significant deficiencies that resulted in the findings on the annual performance report and the findings on compliance with laws and regulations included in this report. Leadership 13. The accounting authority did not exercise effective oversight in ensuring that the planning and monitoring of performance information were aligned to National Treasury’s Framework for Managing Programme Performance Information. Furthermore the National Consumer Tribunal did not have sufficient monitoring controls to ensure compliance with Supply Chain Management legislation. Pretoria 30 July 2011 Annual Report 2011 national consumer tribunal | page 67