Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Proclamations

Referral of Matters to Existing Special Investigating Unit

National Health Laboratory Services NHLS

Proclamation No. R. 18 of 2019
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Proclamation No. R. 18

29 March 2019

GG 42338

PROCLAMATION NO. R.18 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 National Health Laboratory Service (hereinafter referred to as "the NHLS");

 

AND WHEREAS the NHLS 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 NHLS, 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 NHLS;
(b) improper or unlawful conduct by employees or officials of the NHLS;
(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 NHLS; 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 July 2015 and the date of publication of this Proclamation or which took place prior to 1 July 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 NHLS or the State, in relation to the said matters in the Schedule.

[Date of extension of period substituted by section (a) of of Notice No. R. 43, GG 42577, dated 12 July 2019]

 

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 goods, works or services by or on behalf of the NHLS and payments which were made in respect thereof in a manner that was—
(a) not fair, equitable, transparent, competitive or cost-effective; or
(b) contrary to applicable—
(i) legislation;
(ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury;
(iiA) the procurement of information communication technology related services in terms of contract number TLM-IT-03-2014/A2014; or

[Schedule (1)(iiA) inserted by section (b) of Notice No. R. 43, GG 42577, dated 12 July 2019]

(iii) manuals, codes, guidelines, policies, procedures, prescripts, instructions or practices of, or applicable to, the NHLS,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the NHLS or the State in relation to—

(aa) the provision of end user computer hardware and related maintenance and support services for a period of three years in terms of Tender RFB 027/15-16;
(bb) the provision of multi-protocol label switching wide area network (MPLS WAN) service to the NHLS for a period of three years in terms of Tender RFB 030/15-16;
(cc) the leasing of motor vehicles for the NHLS for a period of five years in terms of Tender RFP 001/15-16;
(dd) the replacement of water, sewer and drainage pipes in terms of Tender RFP1455602;
(ee) the renovation of the library at the National Institute of Occupational Health in Braamfontein in terms of Tender RFQ1438906;
(ff) the renovation of the virology laboratory at Charlotte Maxeke Academic Hospital in terms of Tender RFQ 1481824;
(gg) the renovation of toilets at the National Institute for Communicable Diseases in terms of Tender RFQ 0695750;
(hh) professional services for the construction of a refectory at the National Institute for Communicable Diseases in terms of Tender RFQ 1409815;
(ii) professional services for the design, project management and the certification of renovations and structural changes to the Ermelo Laboratory in terms of Tender RFQ 706002;
(jj) the replacement of the waterproofing at the Centre for Enteric Diseases in terms of Tender RFQ 0961241;
(kk) the renovation of the Centre for Respiratory Diseases and Meningitis in terms of Tender RFQ 1486702;
(ll) professional services for the design, project management and the certification of renovations and structural changes to the Diagnostic Media Products Building in terms of Tender RFQ1351823; and
(mm) the construction of a kitchen and function area in terms of Tender RFB031/16-17, which was re-advertised as Tender RFB062/15-16.

 

2. Any unlawful or improper conduct by the employees or officials of the NHLS or applicable service providers, or any other person or entity in relation to the allegations set out in paragraph 1 of this Schedule.