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

Proclamations

Referral of Matters to Existing Special Investigating Units

Umgeni Water Board

Proclamation No. 122 of 2023

 

Proclamation No. 122

2 June 2023

GG 48693

 

PROCLAMATION NO. 122 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 Umgeni Water Board, (hereinafter referred to as “the UWB");

 

AND WHEREAS the UWB 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 UWB, 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 UWB;
(b) improper or unlawful conduct by employees of the UWB;
(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 UWB; 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 01 March 2018 and the date of publication of this Proclamation or which took place prior to 01 March 2018 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 UWB 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 Cape Town this 15 day of May Two thousand and twenty three.

 

MC Ramaphosa

President

 

By Order of the President-in-Cabinet:

 

RO Lamola

Minister of the Cabinet

 

SCHEDULE

 

1. The procurement of, or contracting for goods, works or services by or on behalf of the UWB 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
(iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the UWB,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the UWB in relation to—

(aa) contracts concluded by the UWB for the provision of security and guarding services on 26 November 2018 and 25 January 2019; and
(bb) tender number 2020/030 for Social Facilitation and Community Engagement for the UWB Infrastructure Projects for a period of five years.

 

2. Any unlawful or irregular conduct by officials or employees of the UWB or the State, the applicable service providers, or any other person or entity in relation to the allegations set out in paragraph 1 of this Schedule.