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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

Limpopo Department of Sports, Arts and Culture

Proclamation No. 192 of 2024

 

Proclamation No. 192

4 October 2024

GG 51328

PROCLAMATION NO. 192 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 Limpopo Department of Sports, Arts and Culture (hereinafter referred to as "the Department");

 

AND WHEREAS the State or the Department 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, 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;
(b) improper or unlawful conduct by officials or employees of the Department;
(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 Department; 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 2011 and the date of publication of this Proclamation or which took place prior to 1 January 2011 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 the Department, in relation to the said matters in the Schedule.

 

Given under my Hand and the Seal of the Republic of South Africa at Johannesburg this 16th day of September 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 and contracting for security services by or on behalf of the Department 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,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department.

 

2. Maladministration in the affairs of the Department and any losses or prejudice suffered by the Department or the State as a result of such maladministration in relation to—
(a) irregular appointment of staff by the Department within five (5) districts, namely Waterberg, Sekhukhune, Vhembe, Capricorn and Mopani in terms of Circular number 7 of 2016 in the position of Assistant Director: Assets Management;
(b) payments not due or owing or payments made by the Department to entities for services not rendered; and
(c) the 2016/2017 financial year Mapungubwe Arts, Culture and Heritage Festival.

 

3. Any unlawful or improper conduct by officials or employees of the Department, the applicable suppliers or service providers or any other person or entity, in relation to the allegations set out in paragraphs 1 and 2 above.