Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsGauteng Department of Agriculture and Rural Development and Ekurhuleni Metropolitan MunicipalityProclamation No. R. 15 of 2021 |
Proclamation No. R. 15
23 April 2021
GG 44473
PROCLAMATION NO. R. 15 OF 2021
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
Department of Justice and Constitutional Development
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 Gauteng Department of Agriculture and Rural Development and Ekurhuleni Metropolitan Municipality (hereinafter referred to as "the Institutions");
AND WHEREAS the Institutions 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 Institutions, 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 Institutions; |
| (b) | improper or unlawful conduct by the employees or officials of the Institutions; |
| (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 Institutions; 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 2017 and the date of publication of this Proclamation or which took place prior to 1 January 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 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 Institutions 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 Hyde Park this 23rd day of March Two thousand and twenty one.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for the supply of 200 portable three-wheel motorised waste collection vehicles by or on behalf of the Institutions in relation to tender number GT/GDARD/030/2017 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 Institutions, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Institutions or losses suffered by the Institutions or the State.
| 2. | Any irregular, improper or unlawful conduct by― |
| (a) | contractors, employees or officials of the Institutions; or |
| (b) | the suppliers, service providers or any other person or entity, |
relating to the allegations set out in paragraph 1 of this Schedule.