Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitUmgeni Water in Kwa-Zulu Natal ProvinceProclamation No. R. 4 of 2019 |
Proclamation No. R.4
1 February 2019
GG 42204
PROCLAMATION NO. R.4 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 Umgeni Water (hereinafter referred to as “Umgeni") a water board established in terms of section 108 of the Water Act, 1956 (Act No. 54 of 1956) operating within the KwaZulu-Natal Province;
AND WHEREAS Umgeni 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 Umgeni, 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 Umgeni; |
| (b) | improper or unlawful conduct by board members, officials or employees of Umgeni; |
| (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 Umgeni; 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 2012 and the date of publication of this Proclamation or which took place prior to 1 January 2012 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 Umgeni 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 16 day of January 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, including subcontracting, for goods, works or services by or on behalf of Umgeni 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; |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to Umgeni; |
| (c) | fraudulent; |
| (d) | conducted by, or facilitated through the improper or illegal conduct of— |
| (i) | board members, officials or employees of Umgeni; |
| (ii) | contractors, suppliers or service providers of Umgeni or their subcontractors; or |
| (iii) | any other person or entity, |
to corruptly or unduly benefit themselves or any other person or entity, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Umgeni or the State or any resulting losses suffered by Umgeni or the State in relation to the—
| (aa) | Contract Participation Goal Programme of Umgeni; |
| (bb) | provisioning or upgrading of emergency boreholes in the uMkhanyakude District; |
| (cc) | repair or refurbishment of the Nagle Aqueducts; |
| (dd) | replacement of filter slabs, pipelines and nozzles in terms of the Contract Participation Goal Programme of Umgeni; |
| (ee) | provisioning or upgrading of chlorine distribution equipment, the distribution of chlorine and the upgrading of shaft pumps and lifts at the Durban Heights Plant; |
| (ff) | provisioning of emergency pipelines in the area of the Ugu District Municipality; |
| (gg) | purchase and installation of control valves in terms of the Contract Participation Goal Programme of Umgeni; and |
| (hh) | installation of Nungwane pipelines in the area of Amanzimtoti. |
| 2. | Maladministration in respect of the implementation of the Contract Participation Goal Programme by Umgeni and any losses, damage or actual or potential prejudice suffered by Umgeni, or the State, including the causes of such maladministration. |
| 3. | Any unlawful or improper conduct by— |
| (a) | board members, officials or employees of Umgeni; |
| (b) | contractors, supplier or service provider of Umgeni or their sub-contractors; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.