Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsKwaZulu-Natal Department of Sports, Arts and CultureProclamation No. 160 of 2024 |
Proclamation No. 160
28 March 2024
GG 50381
PROCLAMATION NO. 160 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 KwaZulu-Natal Department of Sports, Arts and Culture (hereinafter referred to as "the Department");
AND WHEREAS the Department 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 employees of the Department; |
| (c) | unlawful appropriation or expenditure of public money; |
| (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 1 January 2020 and the date of publication of this Proclamation or which took place prior to 1 January 2020 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 Johannesburg on this 11th day of December Two thousand and twenty three.
MC Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration, including the causes for such maladministration, in the affairs of the Department in relation to— |
| (a) | the construction of the— |
| (i) | Dukuduku Library; |
| (ii) | Nibela Modular Library; |
| (iii) | Kwankosi Khumalo Modular Library; |
| (iv) | Kwakhetha Modular Library; |
| (v) | Mpembeni Modular Library; |
| (vi) | Ntunjambili Modular Library; |
| (vii) | Donny Dalton Modular Library; |
| (viii) | Mfekayo Modular Library; and |
| (ix) | Kwanzimakwe Modular Library; and |
| (b) | the procurement of, or contracting for, the appointment of a panel of suppliers for the supply of library books as required, for a period of 36 months in terms of Tender Number DAC007/2122, |
and payments made in respect thereof in a manner that was—
| (i) | not fair, competitive, transparent, equitable or cost-effective; or |
| (ii) | contrary to applicable— |
| (aa) | legislation; |
| (bb) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Department, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department.
| 2. | Any improper or unlawful conduct by— |
| (a) | employees of the Department; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.