Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Proclamations

Referral of Matters to Existing Special Investigating Units

Gauteng Enterprise Propeller

Proclamation No. R. 7 of 2021
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Proclamation No. R. 7

1 April 2021

GG 44384

 

PROCLAMATION NO. R. 7 OF 2021

by the

PRESIDENT of the REPUBLIC of SOUTH AFRICA

 

Department of Justice and Constitutional Development

 

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 Gauteng Enterprise Propeller an entity of the Gauteng Provincial Government (hereinafter referred to as "the Agency");

 

AND WHEREAS the Agency 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, by means of the accompanying Proclamation in English and Afrikaans, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Agency, 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 Agency;
(b) improper or unlawful conduct by officials or employees of the Agency;
(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 Agency; 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 2017 and the date of publication of this Proclamation or which took place prior to 1 January 2017 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 Agency 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 10th day of March Two thousand and twenty one.

 

 

CM Ramaphosa

President

 

By Order of the President-in-Cabinet:

 

RO Lamola

Minister of the Cabinet

 

SCHEDULE

 

1. The procurement of, or contracting for goods, works or services by or on behalf of the Agency and payments made in respect thereof 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 Agency,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Agency or State or losses suffered in relation to—

(aa) Tender number GEP02/MRK – Township Entrepreneur Awards during 2017; and
(bb) Project management services for the Pitching Booster Initiative in Sedibeng during 2018.

 

2. Any unlawful or improper conduct by—
(a) officials or employees of the Agency;
(b) suppliers or service providers of the Agency; or
(c) any other person or entity,

in relation to the allegations set out in paragraph 1 of this Schedule.