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

Proclamations

Referral of Matters to Existing Special Investigating Units

Office of the Premier of KwaZulu-Natal

Proclamation No. 130 of 2023
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Proclamation No. 130

28 July 2023

GG 49029

 

PROCLAMATION NO. 130 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 KwaZulu-Natal (hereinafter referred to as “the OTP: KZN");

 

AND WHEREAS the OTP: KZN or the State 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 the OTP: KZN, 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 OTP: KZN;
(b)improper or unlawful conduct by the employees or officials of the OTP: KZN;
(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 OTP: KZN; 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 took place between 1 April 2007 and the date of publication of this Proclamation or which took place prior to 1 April 2007 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 to this Proclamation 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 OTP: KZN or the State, in relation to the said matters in the Schedule to this Proclamation.

 

Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 15th 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 respect of the affairs of the OTP: KZN in respect of the appointment of a consultant to support six provincial priority programmes including the Luwamba Wellness Centre Project, and Operation Sukuma Sakhe Projects, including the causes of such maladministration.

 

2. Unauthorised, irregular or fruitless and wasteful expenditure incurred by the OTP: KZN or losses suffered by the OTP: KZN or the State in relation to the allegation set out in paragraph 1 of this Schedule.

 

3. Any irregular, improper or unlawful conduct by―
(a) contractors, employees or officials of the OTP: KZN; or
(b) the suppliers, service providers or any other person or entity,

relating to the allegations set out in paragraphs 1 and 2 of this Schedule.