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

Proclamations

Referral of Matters to Existing Special Investigating Units

Department of Home Affairs

Proclamation No. 154 of 2024
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Proclamation No. 154

16 February 2024

GG 50129

 

PROCLAMATION NO. 154 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 Department of Home Affairs (hereinafter referred to as "the Department");

 

AND WHEREAS the Department or the State 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 Department, 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 Department;
(b)improper or unlawful conduct by officials or employees of the Department;
(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 Department; 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 12 October 2004 and the date of publication of this Proclamation or which took place prior to 12 October 2004 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 Department 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                                         this                day of                            Two thousand and twenty three.

 

 

President

 

By Order of the President-in-Cabinet:

 

Minister of the Cabinet

 

SCHEDULE

 

1. Serious maladministration in connection with the affairs of the Department relating to the issuance of—
(a) permanent residence permits;
(b) corporate visas;
(c)business visas;
(d)critical/exceptional skills work visas;
(e)study visas;
(f)retired persons' visas;
(g)work visas; and
(h)citizenship by naturalisation,

contrary to—

(i)the Immigration Act, 2002 (Act No. 13 of 2002);
(ii)the South African Citizenship Act, 1995 (Act No. 88 of 1994);
(iii)manuals, guidelines, circulars, practice notes or instructions applicable to the Department; or
(iv)manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department.

 

2. Improper or unlawful conduct by officials or employees of the Department in relation to the installation of T200 firewalls.

 

3. Any irregular, unlawful or improper conduct by—
(a)officials or employees of the Department, or
(b)any other person or entity,

in relation to the allegations as set out in paragraphs 1 or 2 of this Schedule.