Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsTokologo and Sol Plaatjie Local MunicipalitiesProclamation No. 162 of 2024 |
Proclamation No. 162
5 April 2024
GG 50431
PROCLAMATION NO. 162 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 Tokologo Local Municipality and the Sol Plaatjie Local Municipality (hereinafter referred to as "the Municipalities");
AND WHEREAS the Municipalities 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 Municipalities, 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 Municipalities; |
| (b) | improper or unlawful conduct by employees of the Municipalities; |
| (c) | unlawful expenditure of public money; |
| (d) | 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 Municipalities; or |
| (e) | 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 2015 and the date of publication of this Proclamation or which took place prior to 1 April 2015 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 Municipalities 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 Pretoria on this 11 day of December Two thousand and twenty three.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for goods, works or services by or on behalf of the Municipalities and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (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 Municipalities, |
and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipalities or losses suffered by the Municipalities or the State in relation to the following:
| (aa) | the Tokologo Local Municipality project titled “Erection of 15 High Mast Lights”; and |
| (bb) | the Sol Plaatjie Local Municipality project titled “Electrification Project”. |
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | the applicable service provider of the Municipalities; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.