Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsNational Department of Health and Provincial Departments of HealthProclamation No. R. 74 of 2022 |
Proclamation No. R. 74
22 July 2022
GG 47055
PROCLAMATION NO. R. 74 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 National Department of Health and the Provincial Departments of Health (hereinafter referred to as “Institutions");
AND WHEREAS the State or the Institutions 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 Institutions, 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 Institutions; |
| (b) | improper or unlawful conduct by employees or officials of the Institutions; |
| (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 Institutions; 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 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 Institutions or State, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Johannesburg this 11th day of April Two thousand and twenty-two.
M C Ramaphosa
President
By Order of the President-in-Cabinet:
R O Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Unlawful or improper conduct by claimants or applicants or their agents in the institutions of civil action or civil application proceedings for relief against the Institutions in respect of negligence claims in a manner that was— |
| (a) | fraudulent; or |
| (b) | conducted by or facilitated through the improper or unlawful conduct of— |
| (i) | employees or officials of the Institutions; or |
| (ii) | and other person or entity, |
to corruptly or unduly benefit themselves or any other person, and any related losses or irregular or fruitless and wasteful expenditure incurred by the Institutions or the State as a result thereof.