Trust Property Control Act, 1988
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsAlexkor SOC LimitedProclamation No. R. 45 of 2021 |
Proclamation No. R. 45
10 December 2021
GG 45617
PROCLAMATION NO. R. 45 of 2021
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 affairs of Alexkor SOC Limited, the Alexkor Richtersveld Mining Company Pooling and Share Joint Venture and the State Diamond Trader (hereinafter collectively referred to as “the Institutions”);
[Paragraph 1 substituted by section (b) of Proclamation Notice 254, GG52384, dated 28 March 2025]
AND WHEREAS “the Institutions” or the State may have suffered losses that may be recovered;
[Paragraph 2 substituted by section (c) of Proclamation Notice 254, GG52384, dated 28 March 2025]
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 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 “the Institutions”; |
| (b) | improper or unlawful conduct by officials or employees of the “the 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 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 2014 and the date of publication of this Proclamation or which took place prior to 1 January 2014 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 Institutions” or the State, in relation to the said matters in the Schedule.
[Paragraph 4(a), (b), (f) and (g) substituted by sections (d) to (h) of Proclamation Notice 254, GG52384, dated 28 March 2025]
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this 19 day of November Two thousand and twenty one.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of and contracting for goods or services, by or on behalf of the Institutions, in relation to the marketing, valuation, sale, including any decision not to buy, and beneficiation of diamonds, and income generated or lost therefrom or payments made in respect thereof in a manner that was: |
| (a) | not fair, equitable, transparent, competitive or cost-effective; |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, circulars, practice notes or instructions issued by the National Treasury; |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Institutions; |
| (c) | conducted by or facilitated through the irregular, improper or unlawful conduct of— |
| (i) | Board members, employees, officials and agents of the Institutions; |
| (ii) | service providers, traders, auctioneers, bidders and buyers of diamonds; and |
| (iii) | any other person or entity, |
to corruptly or unduly benefit themselves or any other person or entity; or
| (d) | fraudulent, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Institutions.
| 2. | Any undisclosed or unauthorised interests which Board members, employees, officials or agents of the Institutions or their service providers may have had in: |
| (a) | service providers, traders, auctioneers, bidders or buyers of diamonds; or |
| (b) | any other person or entity, |
relating to the marketing, valuation, sale, including any decision not to buy, or beneficiation of diamonds, and the extent of any actual or potential benefits derived directly or indirectly by such Board members, employees, officials or agents of the Institutions or such service providers from such undisclosed or unauthorised interests.
| 3. | Serious maladministration in the affairs of the Institutions in respect of the marketing, valuation, sale, including any decision not to buy, and the beneficiation of diamonds pursuant to agreements or contracts concluded between the Institutions on the one hand and service providers, traders, auctioneers, bidders or buyers of diamonds on the other hand. |
| 4. | Serious maladministration in the affairs of Alexkor SOC Limited in respect of contracts concluded with, and fees paid to, Regiments Capital (Pty) Limited. |
| 5. | Any irregular, improper or unlawful conduct by Board members, officials, employees or agents of the Institutions, the service providers, bidders, traders, auctioneers or buyers of diamonds or any other person or entity in relation to the allegations set out in paragraphs 1 to 3 of this Schedule. |
[Paragraphs (1) and (2) of the Schedule substituted by section (i) of Proclamation Notice 254, GG52384, dated 28 March 2025]
