Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsUniversity of Fort HareProclamation No. R. 84 of 2022 |
Proclamation No. R. 84
5 August 2022
GG 47199
PROCLAMATION NO. R. 84 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 University of Fort Hare, situated in the Eastern Cape Province (hereinafter referred to as “the University");
AND WHEREAS the University 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 University, 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 University; |
| (b) | improper or unlawful conduct by officials or employees of the University; |
| (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 University; 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 November 2012 and the date of publication of this Proclamation or which took place prior to 1 November 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 the University 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 29 day of June Two thousand and twenty-two.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for goods, works or services by or on behalf of the University 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 |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the University, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the University in relation to—
| (aa) | the appointment of a service provider for cleaning and gardening services during the period 1 November 2012 to 31 July 2019; |
| (bb) | the leasing of student accommodation since 1 July 2013; |
| (cc) | the appointment of a service provider for the maintenance and repair of air conditioning systems in terms of bid reference UHF-SCM04/2018; and |
| (dd) | the collusion between officials of the University and suppliers or service providers in which such officials held direct or indirect interests. |
| 2. | Maladministration in the affairs of the University's Faculty of Public Administration in relation to the— |
| (a) | awarding of honours degrees; |
| (b) | management of funds; and |
| (c) | sourcing of public servants for study into various Faculty programmes by an individual for personal gain. |
| 3. | Any unlawful or irregular conduct by— |
| (a) | officials or employees of the University; |
| (b) | suppliers or service providers of the University; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.