Acts Online
GT Shield

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

Proclamations

Referral of Matters to Existing Special Investigating Units

Transnet (SOC) Limited

Proclamation No. 184 of 2024

 

Proclamation No. 184

13 September 2024

GG 51206

PROCLAMATION NO. 184 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 Transnet (SOC) Limited (hereinafter referred to as "Transnet");

 

AND WHEREAS Transnet or the State 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  Transnet, 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 Transnet;
(b) improper or unlawful conduct by the employees or officials of Transnet;
(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 Transnet; 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 2007 and the date of publication of this Proclamation 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 Transnet or the State, in relation to the said matters in the Schedule to this Proclamation.

 

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this 16th 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. Serious maladministration in connection with the affairs of Transnet relating to—
(a) the re-instatement of Mr Siyabonga Gama as Chief Executive Officer of Transnet Freight Rail in February 2011; and
(b) the payment of Mr Siyabonga Gama’s legal costs pursuant to his re-instatement,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Transnet in relation thereto.

 

2. Serious maladministration in respect of the affairs of Transnet in respect of the procurement of, or contracting for goods, works or services, including leased accommodation, by Transnet, and payments made in relation thereto, in a manner that was—
(a) not fair, equitable, transparent, competitive or cost-effective; or
(b) contrary to the applicable—
(i) legislation;
(ii) manuals, guidelines, practice notes or instructions issued by the National Treasury; or
(iii) manuals, codes, policies, procedures, prescripts, guidelines, instructions or practices of, or applicable to Transnet.

 

3. Unauthorised, irregular or fruitless and wasteful expenditure incurred by or losses suffered by Transnet or the State in relation to the contract for security services relating to cable theft and the prevention of criminal activities against Transnet Freight Rail, which contract was awarded to Abalozi Security Risk Advisory Services (Pty) Limited (formerly known as General Nyanda Security Advisory Services (Pty) Limited).

 

4. Offences referred to in Part 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, and which offences were committed in connection with the affairs of Transnet in relation to the allegations mentioned in paragraphs 1, 2 and 3 of this Schedule.

 

5. Any irregular, improper or unlawful conduct by—
(a) employees or officials of Transnet;
(b) Board members of Transnet at the relevant time; or
(c) the suppliers, service providers or any other person or entity,

in relation to the allegations as set out in paragraph 1, 2, 3 and 4 of this Schedule.