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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsKwaZulu-Natal Film CommissionNotice No. R. 4539 of 2024 |
Notice No. R. 4539
22 March 2024
GG 50317
NOTICE NO. R.4539 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 KwaZulu-Natal Film Commission (hereinafter referred to as "the Film Commission");
AND WHEREAS the Film Commission 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 Film Commission, 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 Film Commission; |
| (b) | improper or unlawful conduct by employees of the Film Commission; |
| (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 Film Commission; 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 July 2017 and the date of publication of this Proclamation or which took place prior to 1 July 2017 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 Film Commission 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 on this 12th day of December Two thousand and twenty three.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of and contracting for suitably qualified companies to partner and invest with the Film Commission in the development and operation of the KwaZulu-Natal Studios in terms of KZN Bid/RFP T32/2018/19, including the Film Commission’s investment in KZN Studios (Pty) Limited, and 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, 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 Film Commission, |
and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Film Commission or losses suffered by the Film Commission or the State.
| 2. | Any improper or unlawful conduct by— |
| (a) | the applicable service providers of the Film Commission; or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.
