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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Proclamations

Referral of Matters to Existing Special Investigating Units

Chemicals Industries Education and Training Authority (CHIETA)

Proclamation Notice 267 of 2025

 

Proclamation Notice 267

13 June 2025

GG 52846

 

PROCLAMATION NOTICE 267 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 Chemicals Industries Education and Training Authority (hereinafter referred to as “CHIETA”);

 

AND WHEREAS CHIETA or the State 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 CHIETA, 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 CHIETA;
(b) improper or unlawful conduct by the employees or officials of CHIETA;
(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 CHIETA; 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 2016 and the date of publication of this Proclamation or which took place prior to 1 January 2016 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 CHIETA 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 Cape Town this 13th day of March Two thousand and twenty-five.

 

CM Ramaphosa

President

 

By Order of the President-in-Cabinet:

 

MT Kubayi

Minister of the Cabinet

 

SCHEDULE

 

1. Fraud, corruption, irregularities, malpractices or maladministration in the affairs of CHIETA in relation to the allocation of discretionary grant funding to entities in which employees or officials of CHIETA may have had undisclosed or unauthorised interests, and the extent of any benefit so derived by such employees or officials of CHIETA.

 

2. Any losses or actual or potential prejudice suffered by CHIETA or the State as a result of such fraud, corruption, irregularities, malpractices or maladministration, including the causes of such fraud, corruption, irregularities, malpractices or maladministration.

 

3. The procurement of, or contracting for information and communications technology services and auditing services by or on behalf of CHIETA, and payments made in respect thereof in a manner that was—
(a) not fair, equitable, transparent, competitive 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, codes, guidelines, policies, procedures, prescripts, instructions or practices of, or applicable to, CHIETA,

and any related losses or irregular or fruitless and wasteful expenditure incurred by CHIETA or the State as a result thereof.

 

4. Any irregular, improper or unlawful conduct by employees or officials of CHIETA, or any other person or entity, in relation to the allegations set out in paragraphs 1 to 3 of this Schedule.