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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

South African Broadcasting Corporation SOC Limited, Eskom Holdings SOC Limited, the Petroleum Oil and Gas Corporation of South Africa SOC Limited, Transnet SOC Limited and the National Department of Human Settlements (formerly known as the National Department of Human Settlements, Water and Sanitation)

Proclamation No. 206 of 2024

 

Proclamation No. 206 of 2024

18 October 2024

GG 51415

 

PROCLAMATION 206 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 South African Broadcasting Corporation SOC Limited (“SABC”), ESKOM Holdings SOC Limited (“ESKOM”), the Petroleum Oil and Gas Corporation of South Africa SOC Limited (“PETROSA”), TRANSNET SOC Limited (“TRANSNET”) and the National Department of Human Settlements (formerly known as the National Department of Human Settlements, Water and Sanitation) (“the Department”), (hereinafter collectively referred to as “the State Institutions”);

 

AND WHEREAS the State Institutions may have suffered losses that may be recovered;

 

NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the State Institutions, 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 State Institutions;
(b) improper or unlawful conduct by employees of the State Institutions;
(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 State Institutions; 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 Institutions 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 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 SABC in respect of the conclusion of an agreement with TNA Media (Pty) Ltd styled as “The New Age Breakfast Briefings brought to you by the SABC hosted by TNA” as well as serious maladministration in connection with affairs of Eskom, Transnet, PetroSA, SAA and the Department of Human Settlements in respect of the expenditure of public money on “The New Age Breakfast Briefing brought to you by the SABC hosted by the TNA” in a manner that was—
(a) not fair, competitive, transparent, equitable or cost-effective;
(b) contrary to applicable:
(i) legislation;
(ii) manuals, guidelines, practice notes, 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 State Institutions;

and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the State Institutions or losses suffered by the State Institutions or the State.

 

2. Any irregular, improper or unlawful conduct by—
(a) employees or officials of the State Institutions;
(b) TNA media (Pty) Ltd; or
(b) any other person or entity,

relating to the allegations referred to in paragraph 1 of this Schedule.