Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsTelkom South Africa SOCProclamation No. 49 of 2022 |
Proclamation No. 49
25 January 2022
GG 45809
PROCLAMATION NO. 49 of 2022
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 affairs of Telkom South Africa SOC (hereinafter referred to as “Telkom");
AND WHEREAS Telkom 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 Telkom, 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 Telkom; |
| (b) | improper or unlawful conduct by officials or employees of the Telkom; |
| (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 Telkom; 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 June 2006 and the date of publication of this Proclamation or which took place prior to 1 June 2006 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 Telkom or the State, 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 14TH day of JANUARY Two thousand and twenty-two.
M C Ramaphosa
President
By Order of the President-in-Cabinet:
R O Lamola, MP
Minister of the Cabinet
SCHEDULE
| 1. | The contracting for or procurement of— |
| (a) | telegraph services (telex and telegrams); and |
| (b) | advisory services in respect of the broadband and mobile strategy of Telkom, by or on behalf of Telkom, and payments made in respect thereof in a manner that was— |
| (i) | not fair, equitable, transparent, competitive or cost-effective; or |
| (ii) | contrary to applicable— |
| (aa) | legislation; |
| (bb) | manuals, guidelines, circulars, practice notes or instructions issued by the National Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to Telkom, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Telkom or the State.
| 2. | Maladministration in the affairs of Telkom in relation to the sale or disposal of— |
| (a) | iWayAfrica and Africa Online Mauritius; and |
| (b) | Multi-Links Telecommunications Limited, |
and any losses or prejudice suffered by Telkom or the State as a result of such maladministration.
| 3. | Any unlawful, improper or irregular conduct by— |
| (a) | employees, officials or agents of Telkom; or |
| (b) | any other person or entity, |
in relation to the allegations referred to in paragraphs 1 and 2 of this Schedule.