Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsUnemployment Insurance Act, 2001 (Act No. 63 of 2001)Proclamation No. R. 8 of 2021 |
Proclamation No. R. 8
1 April 2021
GG 44384
PROCLAMATION NO. R. 8 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 Unemployment Insurance Fund established in terms of section 4 of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001) (hereinafter referred to as "the UIF");
AND WHEREAS the UIF 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 UIF, 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 UIF; |
| (b) | improper or unlawful conduct by officials or employees of the UIF; |
| (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 UIF; 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 March 2020 and the date of publication of this Proclamation or which took place prior to 1 March 2020 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 UIF 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 9th day of February Two thousand and twenty one.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Maladministration in the affairs of the UIF in relation to the payment of Covid-19 Temporary Employee/Employer Relief Scheme benefits to persons who— |
| (a) | were not entitled to receive such payments; or |
| (b) | submitted false, irregular, invalid or defective applications to the UIF, |
including the causes of such maladministration.
| 2. | Any unlawful or improper conduct by— |
| (a) | officials or employees of the UIF; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule, including the causes of such unlawful or improper conduct and any losses, damage or actual or potential prejudice suffered by the UIF or the State.