Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsSouth African Council for EducatorsProclamation No. R. 77 of 2022 |
Proclamation No. R. 77
22 July 2022
GG 47055
PROCLAMATION NO. R. 77 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 South African Council for Educators (hereinafter referred to as “the SACE");
AND WHEREAS the SACE or the State 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 SACE, 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 SACE; |
| (b) | improper or unlawful conduct by employees or officials of the SACE; |
| (c) | unlawful appropriation or expenditure of public money; |
| (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 SACE; 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 2019 and the date of publication of this Proclamation or which took place prior to 1 January 2019 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 SACE 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 Johannesburg this twenty-ninth day of June 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. | The procurement for and acquisition of the commercial property described as Erf 638, situated at 33 Beacon Bay Drive, East London, by the SACE in a manner that was– |
| (a) | not fair, competitive, transparent, equitable or cost-effective; or |
| (b) | contrary to applicable– |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes, circulars, or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the SACE; |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the SACE or the State.
| 2. | Any improper or unlawful conduct by the officials or employees of the SACE or any other person or entity, in relation to the allegations set out in paragraph 1 of this Schedule. |