Statistics Act, 1999
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitseThekwini Metropolitan MunicipalityProclamation No. R. 9 of 2021 |
Proclamation No. R. 9
1 April 2021
GG 44384
PROCLAMATION NO. R. 9 OF 2021
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
Department of Justice and Constitutional Development
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 eThekwini Metropolitan Municipality situated in the Kwazulu-Natal Province (hereinafter referred to as "the Municipality");
AND WHEREAS the Municipality 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 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 Municipality; |
| (b) | improper or unlawful conduct by officials or employees of the 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 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 12 October 2012 and the date of publication of this Proclamation or which took place prior to 12 October 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 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 Johannesburg this 10th day of March Two thousand and twenty one.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | Maladministration in the affairs of the Municipality in respect of the— |
| (a) | alienation by, or on behalf of the Municipality, of immovable property of the Municipality or the State, for the provision of housing through the Municipality’s Human Settlements Infill Housing Programme, which alienation was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to, the Municipality; and |
| (b) | transfer or sale of vacant properties by developers appointed by the Municipality for purposes of the Municipality’s Human Settlements Infill Housing Programme— |
| (i) | in breach of the developers’ contractual obligations; and |
| (ii) | contrary to the objectives of the Municipality’s Human Settlements Infill Housing Programme. |
| 2. | Payments made in respect of the allegations set out in paragraph 1 of this Schedule in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Municipality; or |
| (c) | conducted by or facilitated through the improper or unlawful conduct of— |
| (i) | employees or officials of the Municipality; or |
| (ii) | the developers in question; or |
| (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 Municipality or the State.
| 3. | Any unlawful or improper conduct by— |
| (a) | officials or employees of the Municipality; |
| (b) | the developers in question; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.
