Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitSouth African Social Security Agency (SASSA)Proclamation No. R. 37 of 2019 |
Proclamation No. R. 37
12 July 2019
GG 42577
PROCLAMATION NO. R. 37 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) (the Act), have been made in respect of the affairs of the South African Social Security Agency (the SASSA);
AND WHEREAS the SASSA 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 SASSA, 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 SASSA; |
| (b) | improper or unlawful conduct by officials or employees of the SASSA; |
| (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 SASSA; 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 3 June 2015 and the date of publication of this Proclamation or which took place prior to 22 July 2022 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 SASSA 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.78, GG47055, dated 22 July 2022]
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. | Maladministration in the affairs of the SASSA and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the SASSA in relation to the— |
| (a) | fleet management of the SASSA within the Eastern Cape Region; |
| (b) | fuel fleet card management of the SASSA within the Eastern Cape Region and KwaZulu-Natal Region; |
| (c) | asset management of the SASSA within the Eastern Cape Region; and |
| (d) | contract management of the SASSA in respect of persons appointed by the SASSA as Family Finders within the Limpopo Region. |
| 2. | The procurement of or contracting for goods, works or services by or on behalf of the SASSA and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the SASSA; |
| (c) | fraudulent; |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the SASSA or the State or any resulting loss or damages suffered by the SASSA or the State in relation to—
| (aa) | the refurbishment of offices of the SASSA within the Eastern Cape Region in terms of the Local Office Improvement Project; |
| (bb) | medical goods or services procured within the Gauteng Region during the period 1 April 2016 to 30 September 2016; |
| (cc) | services procured from Keyser Cleaning Services within the Eastern Cape Region; |
| (dd) | the procurement of blankets by the KwaZulu-Natal Regional Office during the period 1 April 2016 to 30 September 2016; and |
| (ee) | Cleaning Tender - Bid SASSA41-20-CS-EC. |
[Schedule (Paragraph 2) substituted by section (b) of Proclamation No. R.78, GG47055, dated 22 July 2022]
| 3. | The payment or receipt of social assistance or benefits through Foster Child Care Grants in respect of persons who do not, or did not qualify for such assistance or benefits or any portion thereof and any conduct directed at promoting or facilitating payment or receipt of such assistance or benefits. |
| 4. | Any unlawful or improper conduct by officials or employees of the SASSA, the applicable contractors, suppliers or service providers of the SASSA or any other person or entity in relation to the allegations set out in in paragraphs 1 to 3 of this Schedule. |