Witness Protection Act, 1998
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsEkurhuleni Metropolitan MunicipalityProclamation No. 195 of 2024 |
Proclamation No. 195
4 October 2024
GG 51328
PROCLAMATION NO. 195 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) ("the Act”), have been made in respect of the affairs of the Ekurhuleni Metropolitan Municipality, situated in Boksburg, Gauteng ("the Municipality");
AND WHEREAS the Municipality or the State 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; |
| (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 January 2002 and the date of publication of this Proclamation or which took place prior to 1 January 2002 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 Municipality or the State, in relation to the said matters in the Schedulel, and to perform such functions which are not in conflict with the provisions of the Act, as the President may from time to time request.
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 10th 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. | Serious maladministration in connection with the affairs of the Municipality relating to 229 transfers of 221 vacant stands owned by the Municipality in the Villa Liza township, situated in "Annexure A" hereto, by or on behalf of the Municipality in a manner that was— |
| (a) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, policies, procedures, practice notes, instructions, prescripts or practices of, or applicable to, the Municipality; |
| (b) | conducted by or facilitated through the unlawful or improper conduct of— |
| (i) | employees, officials or agents of the Municipality; and |
| (ii) | any other person or entity, |
to corruptly or unduly benefit themselves or others; and
| (c) | fraudulent, |
including the causes of such maladministration and any losses, damages or prejudice actually or potentially suffered by the Municipality or the State in relation thereto.
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | employees or officials of the Municipality; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
