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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

African Exploration Mining and Finance Corporation SOC Limited

Proclamation No. 208 of 2024

 

Proclamation No. 208

1 November 2024

GG 51486

 

PROCLAMATION NO. 209 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 African Exploration Mining and Finance Corporation SOC Limited (hereinafter referred to as “the AEMFC”);

 

AND WHEREAS the AEMFC 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, in respect of the AEMFC, 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 AEMFC;
(b) improper or unlawful conduct by the employees or officials of the AEMFC;
(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 AEMFC; 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 2016 and the date of publication of the Proclamation or which took place prior to 1 January 2016 or after the date of publication of the 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 the 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 AEMFC 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 14th day of October 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―
(a) coal insourcing in 2017 in terms of bid number AE/VLAK/022/2017;
(b) coal insourcing in 2018;
(c) asset-based financier services in terms of bid number AE/001/2018;
(d) the construction of a clean water diversion and a stream/wetland crossing at Vlakfontein Mine in terms of bid number AE/VLAK030/2018;
(e) diesel supply in terms of bid number AE/VLAK003/2017; and
(f) the review of mining contractor tenders in 2016,

by or on behalf of the AEMFC, and payments which were made in respect thereof in a manner that was—

(i) not fair, equitable, transparent, competitive or cost-effective; or
(ii) contrary to applicable―
(aa) legislation;
(bb) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or
(cc) manuals, codes, guidelines, policies, procedures, prescripts, instructions or practices of, or applicable to the AEMFC,

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

 

2. Any unlawful or improper conduct by employees or officials of the AEMFC or the service providers, or any other person or entity in relation to the allegations set out in paragraph 1 of this Schedule.