Records relating to Regulatory compliance with National Treasury Regulations for departments, trading entities, constitutional institutions and public entities Issued in terms of the PFMA

Records relating to the legal matrix which governs public-private partnerships regulatory compliance with National Treasury Regulations for departments, trading entities, constitutional institutions and public entities Issued in terms of the Public Finance Management Act, 1999, with specific regards to the Public-Private Partnership Agreement entered into between the Department of Health and Biovac Consortium:

a. Standerdised PPP Provision P 75 sets out that the private party must comply with its disclosure obligations in terms of PAIA. Furthermore PAIA defines a part (b) private body as being a partnership which carries or has carried on any trade, business or profession. Accordingly the Biovac Consortium is required to compile a section 51 manual which we request a copy of;

b. Standerdised PPP Provision H 38.4 sets out that the private party must report on performance failures. Accordingly request copies of extracts from any and all periodic performance reports that relate to performance failures.

Note: the request for records relate specifically to the exercising of a public function by Biovac Consortium in terms of the PPP agreement therefore our request is made in compliance with section 8 of PAIA.