Auditing Profession Act, 2005
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsNational Skills FundProclamation Notice 253 of 2025 |
Proclamation Notice 253
28 March 2025
GG 52384
PROCLAMATION NOTICE 253 of 2025
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 the National Skills Fund (hereinafter referred to as “the Fund”);
AND WHEREAS the Fund 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 Fund, 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 Fund; |
| (b) | improper or unlawful conduct by employees of the Fund; |
| (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 Fund ; 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 2013 and the date of publication of this Proclamation or which took place prior to 1 January 2013 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 Fund 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 4th day of February Two thousand and twenty-five.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
M T Kubayi
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in connection with the affairs of the Fund in relation to the following projects— |
| (a) | Yikhonolakho Woman and Youth Primary Co-operative Limited (NSF 16/1/3/21); |
| (b) | Dithipe Development Institute (Pty) Limited; |
| (c) | Dzunde Farming Co-operative Limited – Rural Development; |
| (d) | Dual System Apprenticeship Pilot Project – Port Elizabeth TVET College (NSF10/3/8/2/9); |
| (e) | Rubicon Communication CC; |
| (f) | Centre for Education Policy Development (Fruitless & Wasteful Expenditure) — NSF 16/2/1/2 & NSF 10/4/4/3; |
| (g) | Emanzini Staffing Solutions (Pty) Limited (NSF16/1/4/55 and/or 2016-NSFWIL — 0174); |
| (h) | ADA Holdings (NSF16/1/4/5, Ingewe TVET College — NSF/16/3/2/2 & Lusikisiki/ Bizana — NSF/16/1/2/3); |
| (i) | Ekurhuleni West TVET College (NSF16/1/2/39); and |
| (j) | Passionate about People (Pty) Limited (NSF/16/1/3/12&16). |
| 2. | Any irregular, unlawful or improper conduct by— |
| (a) | officials or employees of the Fund; |
| (b) | contractors, suppliers or applicable service providers of the Fund; or |
| (c) | any other person or entity, |
in relation to the allegations as set out in paragraph 1 of this Schedule.
