Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsDepartment of Justice and Constitutional Development in the Masters' offices and the Office of the Chief MasterProclamation No. R. 7 of 2020 |
Proclamation No. R. 7
3 February 2020
GG 42992
PROCLAMATION NO. R.7 OF 2020
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 Department of Justice and Constitutional Development in the Masters' offices and the Office of the Chief Master, established in terms of section 2 of the Administration of Estates Act, No. 66 of 1955 (hereinafter referred to as "the Masters offices");
AND WHEREAS the Masters' office 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 Masters offices, 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 Masters offices; |
| (b) | improper or unlawful conduct by the officials or employees of the Masters offices; |
| (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 Masters offices; 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 2014 and the date of publication of this Proclamation or which took place prior to 1 January 2014 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 Masters offices 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 30th day of January Two thousand and twenty.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
R Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Maladministration in connection with the affairs of the Masters offices, in relation to the following functions of the Masters' offices as set out in the Administration of Estates Act, No. 66 of 1955, the Insolvency Act, No. 24 of 1936, and the Companies Act, No. 71 of 2008; |
| (a) | The administration of estates of deceased persons; |
| (b) | the winding up of estates of insolvent parsons; |
| (c) | the protection end administration of the funds of minors, contractually incapacitated and undetermined and absent heirs, which have been paid into the Guardian's Fund; |
| (d) | the supervision of the administration of companies and close corporations in liquidation; |
| (e) | the safeguarding of all documentary material in respect of estate, insolvencies an liquidations; |
| (f) | the processing of enquiries by executors, attorneys, beneficiaries and other interested parties; and |
| (g) | the appointment of executors, trustees, curators and liquidators. |
| 2. | Any losses or prejudice suffered by the Masters' offices or the State as a result of such maladministration. |
| 3. | The incurring of unauthorised, irregular or fruitless and wasteful expenditure in respect of travel, subsistence and accommodation costs for officials who perform work at Masters' offices other than the office at which they are or were appointed in terms of their employment contract |
| 4. | The appointment of officials or employees at the Masters' offices in a manner that was contrary to applicable— |
| (a) | legislation; |
| (b) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (c) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Masters' offices. |
| 5. | Interference by certain senior officials of the Masters offices in pending disciplinary proceedings against officials or employees of the Masters' offices or the failure of certain senior officials in the Masters' offices to institute well founded disciplinary or other appropriate proceedings against such officials or employees. |
| 6. | The procurement of, or contracting for cleaning services by or on behalf of the Masters' office and payments made in respect thereof in a manner that was— |
| (i) | not fair, competitive, transparent, equitable or cost-effective; or |
| (ii) | contrary to applicable— |
| (a) | legislation; |
| (b) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (c) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Masters' offices, |
and any related losses or irregular or fruitless and wasteful expenditures incurred by the Masters' offices or the State as a result thereof
| 7. | The remuneration of fictitious officials or employees at the Masters offices. |
| 8. | Any irregular, improper or unlawful conduct by— |
| (a) | employees or officials of the Masters' offices; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 to 7 of this Schedule.