Proclamations > Referral of Matters to Existing Special Investigating Units > National Student Financial Aid Scheme (the "NSFAS")

Proclamation No. R. 88

26 August 2022

GG 46789

PROCLAMATION NO. R. 88 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 Student Financial Aid Scheme, (hereinafter referred to as "the NSFAS");

AND WHEREAS the NSFAS 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 NSFAS, 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 NSFAS;

(b)	improper or unlawful conduct by officials or employees of the NSFAS;

(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 NSFAS; 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 April 2016 and the date of publication of this Proclamation or which took place prior to 1 April 2016 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 NSFAS 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 11th day of July Two thousand and twenty-two.

MC Ramaphosa

President

By Order of the President-in-Cabinet:

RO Lamola

Minister of the Cabinet

SCHEDULE

1.	Maladministration in the affairs of the NSFAS in relation to—

(a)	the management of the finances of the NSFAS; and

(b)	the allocation of loans, bursaries and any other funding payable to students in terms of the provisions of the National Student Financial Aid Scheme Act, 1999, Act No. 56 of 1999,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the NSFAS or the State, including the causes of such maladministration.

2.	Any unlawful or improper conduct by employees or officials of the NSFAS or the service providers in question, their employees or any other person or entity, relating to the allegations set out in paragraph 1 of this Schedule.

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

Proclamations

Referral of Matters to Existing Special Investigating Units

National Student Financial Aid Scheme ("the NSFAS")

Proclamation No. R. 88 of 2022