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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

Mahikeng Local Municipality

Proclamation No. 213 of 2024

 

Proclamation No. 213

8 November 2024

GG 51517

 

PROCLAMATION NO. 213 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 Mahikeng Local Municipality (hereinafter referred to as “the Mahikeng Municipality”);

 

AND WHEREAS the the Mahikeng Municipality 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 Mahikeng 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 Mahikeng Municipality;
(b) improper or unlawful conduct by the employees or officials of the Mahikeng Municipality;
(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 Mahikeng 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 November 2015 and the date of publication of this Proclamation or which took place prior to 1 November 2015 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 Mahikeng Municipality 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 25th day of October Two thousand and twenty four.

 

 

CM Ramaphosa

President

 

By Order of the President-in-Chief

 

T Simelane

Minister of the Cabinet

 

SCHEDULE

 

1. The procurement of, or contracting for, goods and services in respect of—
(a) Lease Agreement SCM/MLM17(A)/12/2015 dated 15 December 2015; and
(b) Full Maintenance Lease Agreement SCM/MLM17(B)12/2015 dated 23 February 2016,

by or on behalf of the Mahikeng Municipality, and payments made in respect thereof in a manner that was—

(i) not fair, competitive, transparent, equitable or cost-effective;
(ii) contrary to applicable—
(aa) legislation;
(bb) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or
(cc) manuals, policies, procedures, prescripts, instructions or practices of, or applicable to, the Mahikeng Municipality;
(iii) conducted by, or facilitated through, the unlawful, irregular or improper intervention of employees or officials of the Mahikeng Municipality; or
(iv) fraudulent,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Mahikeng Municipality or the State as a result thereof.

 

2. Any unlawful or improper conduct by employees or officials of the Mahikeng Municipality or the service provider in question, their employees or any other person or entity, relating to the allegations set out in paragraph 1 of this Schedule.