Older Persons Act, 2006
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsGert Sibande Technical and Vocational Education and Training CollegeProclamation No. 144 of 2023 |
Proclamation No. 144
1 December 2023
GG 49792
PROCLAMATION NO. 144 of 2023
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 Gert Sibande Technical and Vocational Education and Training College ("the College");
AND WHEREAS the College 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 College, 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 College; |
| (b) | improper or unlawful conduct by the employees of the College; |
| (c) | unlawful appropriation or expenditure of public money; |
| (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 College; 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 2019 and the date of publication of this Proclamation or which took place prior to 1 January 2019 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 College, 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 November Two thousand and twenty three.
MC Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in connection with the affairs of the College, including the causes of such maladministration, arising from the procurement of, or contracting for goods, works or services in relation to— |
| (a) | the development and implementation of an online learning and assessment system and a human resource management, recruitment and record keeping system in terms of a Memorandum of Agreement dated 1 July 2020; |
| (b) | the rendering of programme and project management services aligned to innovation and special projects in terms of a Service Level Agreement dated 12 May 2021; |
| (c) | the acquisition of fraud and risk management software and additional services in 2019; |
| (d) | the acquisition of an encrypted communications solution in 2019; |
| (e) | the acquisition of the Head Office main server in 2020; and |
| (f) | the development of a business continuity process and an information technology strategy in 2020, |
by or on behalf of the College 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— |
| (aa) | legislation; |
| (bb) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the College, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the College.
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | employees or officials of the College; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
