Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsOffice of the Premier of the Free State ProvinceProclamation No. 123 of 2023 |
Proclamation No. 123
9 June 2023
GG 48754
PROCLAMATION NO. 123 of 2023
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 "Act"), have been made in respect of the affairs of the Office of the Premier of the Free State Province, (hereinafter referred to as “the Office of the Premier");
AND WHEREAS the Office of the Premier 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 the Office of the Premier, 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 Office of the Premier; |
| (b) | improper or unlawful conduct by employees of the Office of the Premier; |
| (c) | unlawful expenditure of public money; |
| (d) | 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 Office of the Premier; or ; |
| (e) | 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 took place between 01 January 2018 and the date of publication of this Proclamation or which took place prior to 01 January 2018 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 Office of the Premier 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 Cape Town this 17th day of May Two thousand and twenty three.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in the affairs of the Office of the Premier as identified by the Auditor-General of South Africa in reports which are titled “Report of the auditor-general to the Free State Legislature on vote no. 1: Department of the Premier” dated 31 July 2019 and 27 October 2020, respectively, and the Office of the Premier’s annual report for the 2017/2018 financial year in relation to— |
| (a) | the approval, allocation or payment of bursaries, including travel, accommodation and stipends to persons— |
| (i) | who were not entitled thereto; or |
| (ii) | contrary to applicable manuals, policies, procedures, prescripts, instructions or practices of, or applicable to, the Office of the Premier; and |
| (b) | payments made in respect of student accommodation, |
including the causes of such maladministration and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Office of the Premier or losses suffered by the Office of the Premier or the State.
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | officials or employees of the Office of the Premier; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.