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 UnitsGauteng Department of HealthProclamation No. 215 of 2024 |
Proclamation No. 215
8 November 2024
GG 51517
PROCLAMATION NO. 215 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 Gauteng Department of Health (“the Department”);
AND WHEREAS the Department 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 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; |
| (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 2015 and the date of publication of this Proclamation or which took place prior to 1 January 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 Department 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.
MC Ramaphosa
President
By Order of the President-in-Chief
T Simelane
Minister of the Cabinet
SCHEDULE
| 1. | The contracting for or procurement of goods, works or services, by or on behalf of the Department, and any entities falling under the control of the Department, and payments made in respect thereof in a manner that was— |
| (i) | not fair, competitive, transparent, equitable or cost-effective; or |
| (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 Department and any entities falling under the control of the Department; |
| (iii) | fraudulent; |
| (iv) | conducted or facilitated by the manipulation of the Department’s supply chain management processes— |
| (aa) | by service providers, suppliers, officials or other third parties; and |
| (bb) | in collusion with or through the intervention of employees of the Department or any entities falling under the control of the Department, |
to corruptly or unduly benefit themselves or others,
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department or any entities falling under the control of the Department or the State in relation to the following tenders:
| (i) | GT/GDH/027/2015: Supply and delivery of three-division plastic containers with lids, small tubs with lids and dual-surface polyester film; and |
| (ii) | GT/GDH/128/2016: Supply and delivery of orthopaedic implants, fracture treatment and arthroscopy items. |
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | employees or officials of the Department or any entities falling under the control of the Department; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
