Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Proclamations

Referral of Matters to Existing Special Investigating Unit and Special Tribunal

Mkhondo Local Municipality

Proclamation Notice 309 of 2026
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Proclamation Notice 309

13 February 2026

GG 54108

 

PROCLAMATION NOTICE 309 of 2026

by the

PRESIDENT of the REPUBLIC of SOUTH AFRICA

 

WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as the “the Act”), have been made in respect of the affairs of Mkhondo Local Municipality (hereinafter referred to as “the Municipality”);

 

AND WHEREAS the the Municipality may have suffered losses that may be recovered;

 

AND WHEREAS I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon;

 

NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of &, for investigation to the Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and determine that, for the purposes of the investigation of the matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the Act, any alleged—

(a) serious maladministration in connection with the affairs of the Municipality;
(b) improper or unlawful conduct by the employees or officials of the Municipality;
(c) unlawful appropriation or expenditure of public money or property;
(d) unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property;
(e) intentional or negligent loss of public money or damage to public property;
(f) offence referred to in Parts 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), and which offences were committed in connection with the affairs of the the Municipality; or
(g) unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof,

which has taken place between 1 October 2017 and the date of publication of this Proclamation or which took place prior to  1 October 2017 or after the date of publication of this Proclamation, but is relevant to, connected with, incidental or ancillary to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the the Municipality or the State, in relation to the said matters in the Schedule.

 

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this 12th day of December Two thousand and twenty-five.

 

MC Ramaphosa

President

 

By Order of the President-in-Cabinet:

 

MT Kubayi

Minister of the Cabinet

 

SCHEDULE

 

1. The procurement of, or contracting for the supply of fuel by or on behalf of the Municipality, in terms of Tender Number MKH034/2017/18, and payments made in respect thereof in a manner that was—
(a) not fair, competitive, transparent, equitable or cost-effective; or
(b) contrary to applicable—
(i) legislation;
(ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or
(iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Municipality,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Municipality or the State.

 

2. Maladministration in the affairs of the Municipality in relation to the administration of Tender Number MKH028/2017/18, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality or the State.

 

3. Any improper or unlawful conduct by the officials or employees of the Municipality or the service providers in question, or any other person or entity, in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.