Blacklist Post

Individuals and entities convicted of corruption are automatically entered into this blacklist. Without prejudice to existing blacklists such as the World Bank’s blacklist, this blacklist targets individuals and entities in Southern Africa. Let it be made clear that all those who enter into business with individuals and entities who are part of this list will face clear consequences.

It shall comply that they are equally corrupt and may lose important business opportunities. Considering the deleterious effects of corruption on development, it is expected that different stakeholders should rally behind each other in support of these anti-corruption efforts.

Due diligence should be carried to ensure that no business or employment contract is entered into with an individual and entity that i spart of this Blacklist. The compilation of this Blacklist is guided by the following Policy of the Anti-Corruption Trust of Southern Africa (ACT-SA).

ACT-SA Blacklisting Policy

Purpose:

The purpose of the policy is to give guidance on how the Anti-Corruption Trust of Southern Africa (ACT-Southern Africa) compiles a list of blacklisted companies and individuals. The policy is made to guide the staff and other interested stakeholders in the practice.

Characteristics of a “Blacklisting” or “Debarment” Mechanism

Debarment is a process whereby, on the basis of pre-established grounds, a company or, an individual, is prevented from engaging in further contracts, business or employment for a specified period of time.

Debarment may be preceded by a warning of future exclusion should the conduct persist, the conduct be repeated, or occur under aggravated circumstances. An investigation that could lead to debarment may be triggered by an existing judicial decision, or when there is strong evidence of unethical or unlawful professional or business behaviour. Many debarment systems today have adopted the latter practice as judicial decisions are often slow to obtain.

The key function of debarment is prevention and deterrence. Since the instrument isprimarily preventive it is designed to give the following:

  • Fairness and accountability: Clear rules and procedures are established and made known to all the parties involved ahead of time. The process gives firms and individuals an adequate opportunity to defend themselves.
  • Transparency: Sanctions and the rules regarding the process are made public in order to minimise the risk of the debarment system being subjected to manipulation or pressure. To this end the outcomes are publicised. Contracting authorities and export credit agencies need to be given access to detailed information from the debarment list so that they can carry out due diligence on potential contractors.
  • This process is especially complicated because owners of debarred companies may simply start up a new company operating under a new name. Up-to-date public debarment lists can help procurement officers and due diligence analysts keep track of such cases. Publicity also has an important impact on the legitimacy, credibility and accountability of debarment agencies, and facilitates monitoring by independent parties. The information made public in debarment lists needs to include the company or individual’s name, the grounds for investigation, the name of the project, the country of origin of sanctioned firms or individuals, as well as the rules governing the process.
  • Functionality: Publicly available debarment lists facilitate electronic matching and other information-sharing features that organisations already have in place. Systems could be interconnected internationally, for example, among development banks, or between countries. Such networking may even reduce operating costs, and make systems more effective.
  • Timeliness: Debarment systems should be timely
  • Proportionality: One of the key arguments is that debarment has to be proportionate.

List of matters pending investigations with a possibility that once convictions are made, the individuals and entities involved enter the blacklist. The Individuals and entities listed here under are not blacklisted per se but will be blacklisted as soon as they get convicted.

RefName Country Summary of the allegations Authorities handling the matter Status of the investigations and prosecution

The following individuals and entities are blacklisted

RefName Country Summary of the allegations Authorities handling the matter Status of the investigations and prosecution

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