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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

Airports Company of South Africa SOC Limited

Proclamation No. 228 of 2024

 

Proclamation No. 228

22 November 2024

GG 51627

 

PROCLAMATION NO. 228 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 “the Act”), have been made in respect of the affairs of Airports Company of South Africa SOC Limited (hereinafter referred to as “ACSA”);

 

AND WHEREAS ACSA 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 ACSA, 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 ACSA;
(b) improper or unlawful conduct by the employees or officials of the ACSA;
(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 ACSA; 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 2008 and the date of publication of this Proclamation or which took place prior to 1 January 2008 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 ACSA 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-Chief

 

T Simelane

Minister of the Cabinet

 

SCHEDULE

 

1. Maladministration in connection with the affairs of ACSA relating to interest rate swap agreements concluded between ACSA, on the one hand, and various banks, on the other, as referred to in the Report of the Judicial Commission of Inquiry into State Capture, Corruption and Fraud in the Public Sector including Organs of State, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by ACSA in relation thereto.

 

2. Offences referred to in—
(a) Part 1 to 4; and
(b) sections 17, 20 and 21,

of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), in so far as they relate to the offences referred to in section 2(2)(a) to (e) of the Act, and which were committed in connection with the affairs of ACSA in relation to the allegations set out in paragraph 1 of this Schedule.

 

3. Any irregular, unlawful or improper conduct by officials or employees of ACSA, board members of ACSA, applicable service providers, or any other person or entity, in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.