Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsThe Office of the State AttorneyProclamation No. R. 21 of 2018 |
Proclamation No. R. 21
13 July 2018
GG 41771
PROCLAMATION NO. R.21 OF 2018
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 Department of Justice and Constitutional Development in so far as it relates to the office of the State Attorney and all branches thereof, established in terms of section 1 of the State Attorney Act, 1957 (Act No. 56 of 1957) (hereinafter referred to as “the office of the State Attorney”);
AND WHEREAS the office of the State Attorney 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 in respect of the office of the State Attorney, 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 office of the State Attorney; |
| (b) | improper or unlawful conduct by employees or officials of the office of the State Attorney; |
| (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 office of the State Attorney; 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 2013 and the date of publication of this Proclamation or which took place prior to 1 January 2013 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 conduct 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 office of the State Attorney 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.33, GG 42577, dated 12 July 2019]
Given under my Hand and the Seal of the Republic of South Africa at Johannesburg this 13th day of June Two thousand and nineteen.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
TM Masutha
Minister of the Cabinet
SCHEDULE
| 1. | For purposes of this Schedule the expression "legal services" must be interpreted to include legal advisory services; litigation services; appointment of legal practitioners to render legal advisory or litigation services; any professional service required for legal or litigation purposes, including the appointment of any intermediary or subject matter expert; and support services for legal or litigation purposes, including the appointment of any interpreter, transcriber or tracer. |
| 2. | Maladministration in connection with the affairs of the office of the State Attorney in relation to― |
| (a) | legal services that were provided, or procured, by the office of the State Attorney in the performance of its functions as contemplated in section 3 of the State Attorney Act, 1957 (Act No. 56 of 1957), on behalf of― |
| (i) | the Gauteng Department of Health and the Eastern Cape Department of Health in respect of claims based on medical negligence; or |
| (ii) | the South African Police Service in respect of claims based on wrongful arrest or detention, assault or malicious prosecution; or |
| (b) | the verification, approval or processing for payment of any invoice or account received in relation to legal services provided or procured in terms of paragraph (a). |
| 3. | The procurement of legal services, as contemplated in paragraph 2(a) of this Schedule, by the office of the State Attorney, or payments which were made in respect thereof, in a manner that was― |
| (a) | not fair, competitive, transparent, equitable or cost-effective; or |
| (b) | contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the office of the State Attorney, |
and any related unauthorised, irregular or fruitless and wasteful expenditure which the Department or the State incurred as a result thereof.
| 4. | Any unlawful or irregular conduct by— |
| (a) | employees or officials of the office of the State Attorney; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraphs 2 or 3 of this Schedule.
[Schedule substituted by section (b) of Proclamation No. R.33, GG 42577, dated 12 July 2019]