Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitPublic Service Sector Education and Training Authority PSETAProclamation No. R.35 of 2017 |
Proclamation No. R.35
10 November 2017
GG 41236
PROCLAMATION NO. R.35 OF 2017
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 Public Service Sector Education and Training Authority (hereinafter referred to as the "PSETA");
AND WHEREAS the State or the PSETA 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 PSETA, 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 PSETA; |
| (b) | improper or unlawful conduct by employees or officials of the PSETA; |
| (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 PSETA; 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 April 2015 and the date of publication of this Proclamation or which took place prior to 1 April 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 State or the PSETA, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Nineteenth day of October Two thousand and seventeen.
J G Zuma
President
By Order of the President-in-Cabinet:
T M Masutha
Minister of the Cabinet
Schedule
| 1. | Maladministration in the affairs of the PSETA in relation to the allocation, for the 2015/2016 financial year, of discretionary grants in terms of the Discretionary Grants Policy and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the PSETA. |
| 2. | Any unlawful or irregular conduct by— |
| (a) | employees of the PSETA; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.