Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsKwaZulu-Natal Department of TransportProclamation No. R. 16 of 2021 |
Proclamation No. R. 16
7 May 2021
GG 44546
PROCLAMATION NO. R. 16 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 KwaZulu-Natal Department of Transport (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 13 July 2016 and the date of publication of the Proclamation or which took place prior to 13 July 2016 or after the date of publication of the 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 the 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 l7 Mayosses 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 this 22nd day of April Two thousand and twenty one.
[Proclamation R.16 date substituted by Correction Notice No. R. 500, GG44700, dated 11 June 2021]
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of and contracting for the construction of a concrete barrier wall in terms of tender number ZNT4128/16T: construction of a concrete barrier wall between uMkhanyakude and Mozambique Border Phase 1: KM0, 0 to KM8 (labour intensive construction) 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 Department, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred or losses suffered by the Department or the State.
| 2. | Any unlawful or improper conduct by— |
| (a) | officials or employees of the Department; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.