(1) A person who—
(a) knowingly gives false or misleading information under this Act;
(b) interferes with or exerts undue influence on any official of a procuring institution or member of the Tribunal in the performance of a duty or in the exercise of a power under this Act;
(c) without authorisation opens a sealed bid, whether submitted electronically or otherwise, or discloses their contents prior to the official public opening of the bid;
(d) conspires to commit extortion or a corrupt, fraudulent, collusive or coercive or obstructive act related to procurement under this Act;
(e) contravenes section 10(b) or (c), 12 or 15(11)(a); or
(f) causes loss of public assets or funds as a result of a wilful act or gross negligence in the implementation of this Act, commits an offence and is liable on conviction to a fine or to imprisonment for a term not exceeding 10 years or to both, and in addition to the penalty imposed in this section, the court may order that the amount of loss incurred by the complainant be compensated, failure of which the court may issue an order of confiscation of personal property of the person convicted in order to recover the loss.
(2) A person who—
(a) without reasonable explanation fails or refuses to give information, produce any document, records or reports required in terms of this Act;
(b) delays, without justifiable cause, the evaluation of a bid or the awarding of a bid;
(c) fails to comply with a subpoena issued in terms of section 50(4), commits an offence and is liable on conviction to a fine or to imprisonment for a term not exceeding three years or both.
(3) A member of the Tribunal who fails to disclose an interest in terms of section 40(2) commits an offence and is liable on conviction to a fine or to imprisonment for a term not exceeding three years or both.