Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsTransnet (SOC) LimitedProclamation No. 174 of 2024 |
Proclamation No. 174
23 August 2024
GG 51106
PROCLAMATION NO. 174 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 Transnet (SOC) Limited (hereinafter referred to as “Transnet”);
AND WHEREAS Transnet 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 to this Proclamation, in respect of Transnet, 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 Transnet; |
| (b) | improper or unlawful conduct by the employees or officials of Transnet; |
| (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 Transnet; 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 2014 and the date of publication of this Proclamation or which took place prior to 1 January 2014 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 Transnet 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 6th day of May Two thousand and twenty-four.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in connection with the affairs of Transnet relating to the conclusion of leases between Transnet and third parties in respect of property belonging to or controlled by Transnet or the State in a manner that was— |
| (a) | conducted by or facilitated through the unlawful or improper conduct of— |
| (i) | employees, officials or agents of Transnet; or |
| (ii) | any other person or entity, |
to corruptly or unduly benefit themselves or others; or
| (b) | fraudulent, |
and any related—
| (i) | unauthorised, irregular or fruitless and wasteful expenditure incurred or losses suffered by Transnet in relation thereto; or |
| (ii) | funding, tenant installation and fit-out allowances or payments made by Transnet in relation thereto, |
in respect of the following leases—
| (aa) | long term lease agreements concluded with entities for the construction and operation of bulk fuel storage facilities at Transnet’s Ambrose Park Precinct in Bayhead, Durban, KwaZulu-Natal; |
| (bb) | lease agreement concluded in respect of the property described as Ptn of Erf 140 Rossburgh; |
| (cc) | lease agreement in terms of which Transnet leased premises of the old Durban International Airport, which included the runway, tarmac, apron, taxiways, old terminal building, the ATNS building, security building, Maritime School and SAA Site to an entity; and |
| (dd) | lease agreement concluded in respect of the property described as Film Production Studios, located on the 7th floor of Carlton Skyrink Building measuring approximately 2 654.80 m2, part of Carlton Centre Precinct, stand number 1126, Marshalltown. |
| 2. | Serious maladministration in connection with the affairs of Transnet relating to the procurement of, or contracting for goods, works or services, including leased accommodation either received or disposed of, by Transnet, and payments made in relation thereto, in a manner that was— |
| (a) | not fair, equitable, transparent, competitive or cost-effective; or |
| (b) | contrary to the applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes or instructions issued by the National Treasury; or |
| (iii) | manuals, codes, policies, procedures, prescripts, guidelines, instructions or practices of, or applicable to Transnet; |
| (c) | conducted by or facilitated through the unlawful or improper conduct of— |
| (i) | employees, officials or agents of Transnet; or |
| (ii) | any other person or entity, |
to corruptly or unduly benefit themselves or others; or
| (d) | fraudulent, |
and any related—
| (i) | unauthorised, irregular or fruitless and wasteful expenditure incurred or losses suffered by Transnet; or |
| (ii) | funding, tenant installation and fit-out allowances or payments made by Transnet, |
in relation to a contract concluded by Transnet for the leasing by Transnet of property situated at Erf 1763 and Erf 1764, Jukskei View, Extension 47, Midrand, for Transnet’s use, in terms of Request for Proposals Number TPCP/JHB/760(T) as amended (by means of an addendum to the RFP) to TPCP/JHB/769(T).
| 3. | Any undisclosed or unauthorised interests which employees, officials or agents of Transnet may have had in contractors, suppliers, service providers, developers, landlords, tenants or any other person or entity bidding for work or doing business with Transnet or to whom contracts (including leases either received or disposed of by Transnet or the State) were awarded by Transnet, and the extent of any actual or potential benefits derived directly or indirectly by such employees, officials or agents from such undisclosed or unauthorised interests. |
| 4. | Any irregular, unlawful or improper conduct by officials or employees of Transnet, or any other person or entity, in relation to the allegations as set out in paragraphs 1 to 3 of this Schedule. |