(1) A provincial treasury must—
(a) within its province—
(i) monitor and oversee the implementation of the procurement function by a procuring institution;
(ii) promote effective management and transparency in respect of the procurement function of procuring institutions; and
(iii) enforce effective management and transparency in respect of the procurement function of procuring institutions except municipalities and municipal entities;
(b) intervene by taking appropriate steps to address a material breach of this Act by a procuring institution, except a municipality or municipal entity, within its province as may be prescribed;
(c) provide any information required by the Public Procurement Office in terms of this Act; and
(d) perform other duties imposed by this Act.
(2) (a) A provincial treasury, within its province, may, in relation to—
(i) municipalities and municipal entities, issue non-binding circulars; and
(ii) other procuring institutions, issue, by notice in the Provincial Gazette, binding provincial instructions, on procurement matters for the effective implementation of this Act and not inconsistent with an instruction issued by the Public Procurement Office;
(b) issue guidelines to assist procuring institutions with the implementation of this Act or any other procurement related matter;
(c) assist procuring institutions in building their capacity for efficient, effective and transparent procurement management; and
(d) exercise other powers conferred by this Act.
(3) A provincial treasury may issue different instructions in terms of subsection (2)(a) for—
(a) different categories of procuring institutions; and
(b) different categories of procurement.
(4) A circular referred to in subsection (2)(a)(i) will be binding on—
(a) a municipality, if adopted by its council; or
(b) a municipal entity, if adopted by the council of the entity’s parent municipality.
(5) The head of a provincial treasury performs the duties and exercise the powers of the provincial treasury on behalf of the provincial treasury.