Electricity Regulation Act, 2006
R 385.00
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsUniversity of Fort HareProclamation No. R. 84 of 2022 |
Amended Proclamation No. R. 194
4 October 2024
GG 51328
AMENDED PROCLAMATION NO. R. 194 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 University of Fort Hare, situated in the Eastern Cape Province (hereinafter referred to as “the University");
AND WHEREAS the University 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 University, 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 University; |
| (b) | improper or unlawful conduct by officials or employees of the University; |
| (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 University; 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 2012 and the date of publication of this Proclamation or which took place prior to 1 November 2012 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 University 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 Johannesburg this 29 day of June Two thousand and twenty-two.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
[Proclamation No. R. 84 of 5 August 2022 substituted by section (a)(b) of the Amended Proclamation No. 194 of 2024, GG51328, dated 4 October 2024]
SCHEDULE
| 1. | The procurement of, or contracting for goods, works or services by or on behalf of the University and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; or |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the University, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the University in relation to—
| (aa) | the appointment of a service provider for cleaning and gardening services during the period 1 November 2012 to 31 July 2019; |
| (bb) | the leasing of student accommodation since 1 July 2013; |
| (cc) | the appointment of a service provider for the maintenance and repair of air conditioning systems in terms of bid reference UHF-SCM04/2018; |
| (dd) | the collusion between officials of the University and suppliers or service providers in which such officials held direct or indirect interests; |
| (ee) | maintenance of the University’s infrastructure from 1 January 2022 to 31 March 2023; |
| (ff) | the installation of CCTV cameras and associated security features at the University’s staff village in Alice in the Eastern Cape Province from 18 March 2022 to 2 June 2022; and |
| (gg) | the refurbishment and maintenance of student residences at the University’s Alice campus in the Eastern Cape Province during the year 2009; |
[Schedule 1 (b)(cc - gg) substituted by section (c - e) of the Amended Proclamation No. 194 of 2024, GG 51328, dated 4 October 2024]
| 2. | Maladministration in the affairs of the University's Faculty of Public Administration in relation to the— |
| (a) | awarding of honours degrees; |
| (b) | management of funds; |
| (c) | sourcing of public servants for study into various Faculty programmes by an individual for personal gain; |
| (d) | Capacity Building Program for the Eastern Cape Provincial Legislature; |
| (e) | registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, including Bachelors’ degrees, honours degrees, Masters’ degrees and PhD degrees, or in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University. Without limiting the scope of the grounds of non-eligibility, this includes persons who did not have the requisite degrees or Matriculation results to enrol for, study for or be awarded the degrees in question; |
| (f) | awarding of degrees, including Bachelors’ degrees, honours degrees, Masters’ degrees and PhD/doctoral degrees in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University; and |
| (g) | the appointment of a Head of Department in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University |
[Schedule 2 (b-g) substituted by section (h) of the Amended Proclamation No. 194 of 2024, GG51328, dated 4 October 2024]
| 3. | Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University’s Faculty of Law in relation to the registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, including Bachelors’ degrees, honours degrees, Masters’ degrees and PhD degrees, or in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University. Without limiting the scope of the grounds of non-eligibility, this includes persons who did not have the requisite degrees or Matriculation results to enrol for, study for or be awarded the degrees in question. |
| 4. | Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University in relation to the Nguni Cattle Development Trust. |
| 5. | Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University in relation to the administration and payment of allowances for food, accommodation, books, stationery, cash and study-related costs to qualifying students. |
| 6. | Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University in relation to the University’s Faculty of Health Sciences in relation to the Albertina Sisulu Executive Leadership Programme in Health and Master of Public Health Programme including the registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, in relation to the aforementioned Programmes. Without limiting the scope of the grounds of non-eligibility, this includes persons who did not have the requisite degrees or Matriculation results to enrol for, study for or be awarded the degrees. |
| 7. | Irregular registration, admission or assistance of students by University officials for personal gain. |
[Schedule 3-7 inserted by section (i) of the Amended Proclamation No. 194 of 2024, GG51328, dated 4 October 2024]
| 8. | Any unlawful or irregular conduct by— |
| (a) | officials or employees of the University; |
| (b) | suppliers or service providers of the University; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.
[Schedule 8 re-numbered by section (j) of the Amended Proclamation No. 194 of 2024, GG51328, dated 4 October 2024]
