South African National Space Agency Act, 2008
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsGreater North Transport (SOC) LtdProclamation No. 246 of 2025 |
Proclamation No. 246
31 January 2025
GG 52021
PROCLAMATION NO. 246 of 2025
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 “the Act”), have been made in respect of the affairs of the Great North Transport (SOC) Ltd (hereinafter referred to as “the GNT”), which is situated in the Limpopo Province;
AND WHEREAS the State or the GNT 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 GNT, 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 GNT; |
| (b) | improper or unlawful conduct by board members, officials or employees of the GNT; |
| (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 GNT; 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 2002 and the date of publication of this Proclamation or which took place prior to 1 January 2002 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 State or GNT, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this twenty-third day of December Two thousand and twenty four.
CM Ramaphosa
President
By Order of the President-in-Chief
M T Kubayi
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for goods, works or services by or on behalf of the GNT and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (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 GNT, or |
| (c) | conducted by, or facilitated through, the improper or unlawful conduct of— |
| (i) | board members, officials or employees of the GNT; or |
| (ii) | contractors, suppliers or service providers of the GNT or any other person or entity, |
to corruptly or unduly benefit themselves or any other person or entity, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the GNT or the State in relation to the—
| (aa) | appointment of Raletjena Technologies and Trading (Pty) Ltd; |
| (bb) | extension of a contract between the GNT and Group 4 Security (Fidelity Cash Management) (Pty) Ltd; |
| (cc) | appointment of Scania South Africa (Pty) Ltd to provide repair and maintenance services to the GNT; |
| (dd) | procurement of 150 busses from Mercedes Benz South Africa (Pty) Ltd; |
| (ee) | procurement of 87, 80-seater busses from MAN Truck and Bus South Africa (Pty) Ltd; |
| (ff) | appointment of BB Truck and Tractor Services (Pty) Ltd to provide repair and maintenance services to the GNT; |
| (gg) | procurement of legal services; or |
| (hh) | procurement of a fleet management system. |
| 2. | Maladministration in the affairs of the GNT and any losses or prejudice suffered by the GNT or the State as a result of such maladministration in relation to— |
| (a) | fruitless and wasteful expenditure incurred by the GNT as a result of interest payments made to Afri Oil (Pty) Ltd; |
| (b) | a settlement agreement concluded with Umvuzo Energy (Pty) Ltd; |
| (c) | the mismanagement of diesel supplies; |
| (d) | the failure to collect debt that was due and owing to the GNT; or |
| (e) | an agreement entered into between the GNT and emerging bus operators. |
| 3. | Any unlawful or improper conduct by board members, officials or employees of the GNT, the applicable contractors, suppliers or service providers or any other person or entity in relation to the allegations set out in in paragraphs 1 and 2 of the Schedule. |
