Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitCity of Johannesburg Metropolitan MunicipalityProclamation No. R. 17 of 2019 |
Proclamation No. R. 17
29 March 2019
GG 42338
PROCLAMATION NO. R.17 OF 2019
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 City of Johannesburg Metropolitan Municipality (hereinafter referred to as "the Municipality");
AND WHEREAS the Municipality 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 Municipality, 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 Municipality; |
| (b) | improper or unlawful conduct by employees or officials of the Municipality; |
| (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 Municipality; 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 29 March 2019 and the date of publication of this Proclamation or which took place prior to 6 March 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 Municipality or the State, in relation to the said matters in the Schedule.
[Date of extension of period substituted by section (a) of Proclamation No. R.12, GG 43074, dated 6 March 2020]
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 6 day of March Two thousand and nineteen.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
TM Masutha
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of or contracting for— |
| (a) | vehicles and vehicle maintenance services; |
| (b) | repairs and maintenance work at fire stations; |
| (c) | closed-circuit television equipment and related services; |
| (d) | office accommodation and furniture for the Integrated Operations Centre; and |
| (e) | motorcyclist uniforms for the Johannesburg Metropolitan Police Department, |
by or on behalf of the Municipality and payments made in respect thereof in a manner that was—
| (i) | not fair, competitive, transparent, equitable or cost-effective; |
| (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 Municipality; |
| (iii) | conducted by or facilitated through the improper conduct of— |
| (aa) | employees, officials or agents of the Municipality; or |
| (bb) | any other person or entity, |
to corruptly or unduly benefit themselves or any other person or entity; or
| (iv) | fraudulent, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by, or losses suffered, by the Municipality the State.
[Schedule (Paragraph 1) substituted by section (b) of Proclamation No. R.12, GG 43074, dated 6 March 2020]
| 2. | Any unlawful or improper conduct by— |
| (a) | employees or officials of the Municipality; |
| (b) | contractors, suppliers or service providers of the Municipality; or |
| (c) | any other person or entity, |
in relation to the allegations set out in in paragraph 1 of this Schedule.