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Section 61: Exemption

(1) The Minister may, with or without conditions, by notice in the Gazette, exempt a procuring institution from any provision of this Act, if—

(a) national security could reasonably be expected to be compromised;

(b) the procurement is to be funded partially or in full by donor or grant funding and such exemption will benefit the public in general or a section of the public;

(c) a disaster is declared in terms of the Disaster Management Act, 2002 (Act No. 57 of 2002);

(d) a state of emergency as envisaged in section 37 of the Constitution is declared; or

(e) it is uneconomical to comply with any provision of this Act.

(2) If a request for an exemption is made in terms of subsection (1), the Minister must make a decision within 30 days after receipt of all the relevant documents.

(3) An exemption referred to in subsection (1) may apply to any procuring institution to which this Act applies or a category of procuring institutions.

(4) For purposes of this section, this Act excludes an instruction.

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