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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

Gauteng Department of Health and its Provincial Hospital in Tembisa

Proclamation No. 136 of 2023

 

Proclamation No. 136

1 September 2023

GG 49217

 

PROCLAMATION NO. 136 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 Gauteng Department of Health (hereinafter referred to as "the Department") and its Provincial Hospital in Tembisa (hereinafter referred to as "Tembisa Hospital");

 

AND WHEREAS the Department and Tembisa Hospital 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 Department and the Tembisa Hospital, 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 Department and the Tembisa Hospital;
(b) improper or unlawful conduct by employees of the Department and the Tembisa Hospital;
(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 Department and the Tembisa Hospital; 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 2020 and the date of publication of this Proclamation or which took place prior to 1 January 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 Department or Tembisa Hospital 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 Pretoria this Ninth day of August 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 and services by or on behalf of the Department for the Tembisa Hospital, or by the Tembisa Hospital, 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, 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 the Department or the Tembisa Hospital,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department or the Tembisa Hospital or the State or losses suffered by the aforementioned parties.

 

2. Any unlawful or improper conduct by officials or employees of the Department or the Tembisa Hospital, the applicable suppliers or service providers or any other person or entity, in relation to the allegations set out in paragraph 1 of this Schedule.