Electricity Regulation Act, 2006
R 385.00
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsMasilonyana Local MunicipalityProclamation No. 182 of 2024 |
Proclamation No. 182
13 September 2024
GG 51206
PROCLAMATION NO. 182 of 2024
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 Masilonyana Local Municipality (hereinafter referred to as the “Municipality”);
AND WHEREAS the Municipality 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 to this Proclamation, in respect of the Municipality, 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 Municipality; |
| (b) | improper or unlawful conduct by officials or employees of the Municipality; |
| (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 Municipality; 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 May 2020 and the date of publication of this Proclamation or which took place prior to 1 May 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 to this Proclamation 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 Municipality 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 twenty third day of August Two thousand and twenty-four.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
T Simelane
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for goods, works and services, by or on behalf of the Municipality in relation to — |
| (a) | Bid Number 2020/05/012 – Refurbishment of Brandfort Water Treatment Works and Raw Water Pump Stations (A, B, C); and |
| (b) | Bid Number 2020/11/001 – Upgrading of Brandfort Sport Centre Phase II, |
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 Municipality, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality or losses suffered by the Municipality or the State.
| 2. | Any irregular, unlawful or improper conduct by— |
| (a) | officials or employees of the Municipality; |
| (b) | contractors, suppliers or applicable service providers of the Municipality; or |
| (c) | any other person or entity, |
in relation to the allegations as set out in paragraph 1 of this Schedule.
