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

Proclamations

Referral of Matters to Existing Special Investigating Units

Passenger Rail Agency of South Africa (SOC) Limited

Proclamation No. 153 of 2024
Purchase cart Previous page Return to chapter overview Next page

 

Proclamation No. 153

16 February 2024

GG 50129

 

PROCLAMATION  NO. 153 of 2024

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 Passenger Rail Agency of South Africa (SOC) Limited (hereinafter referred to as "PRASA");

 

AND WHEREAS PRASA 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 PRASA, 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 PRASA;
(b)improper or unlawful conduct by employees of PRASA;
(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 PRASA; 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 January 2010 and the date of publication of this Proclamation or which took place prior to 01 January 2010 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 PRASA 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 Johannesburg this thirty first day of January Two thousand and twenty four.

 

 

President

 

By Order of the President-in-Cabinet:

 

Minister of the Cabinet

 

 

SCHEDULE

 

1. Offences referred to in Part 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, and which offences were committed in connection with the affairs of PRASA in relation to:
1.1. the award of a tender for the supply of various train locomotives to Swifambo Rail Leasing (Pty) Limited; and
1.2. the award of a tender for the supply and maintenance of an integrated security access management system at various train stations to Siyangena Technologies (Pty) Limited;

 

2. Serious maladministration in connection with the affairs of PRASA relating to:
2.1. Frudulent liability claims processed and paid by PRASA's Group Insurance Department, including such claims as one time vendor payments; and
2.2. The employment of "ghost" employees identified by PRASA's Project Zivese in August 2021;

 

3. Any irregular, unlawful or improper conduct by officials or employees of PRASA, the applicable suppliers or service providers, or any other person or entity, in relation to the allegations as set out in paragraphs 1 or 2 of this Schedule.