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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsOverstrand Local MunicipalityProclamation No. R. 43 of 2021 |
Proclamation No. R. 43
10 December 2021
GG 45617
PROCLAMATION NO. R. 43 of 2021
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 affairs of the Overstrand Local Municipality (hereinafter referred to as “the Municipality");
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) | 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 1 January 2014 and the date of publication of this Proclamation or which took place prior to 1 July 2014 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, 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 26 day of October Two thousand and twenty-one.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | Maladministration in the affairs of the Municipality in respect of the— |
| (a) | approval, allocation or payment of housing subsidies; or |
| (b) | allocations of sites or constructed houses, |
in terms of the Swartdam Road Site A & B Housing Project of the Swartdam Integrated Residential Development Programme with reference number 13/2/5/2047/3223/.02.
| 2. | Any unlawful or improper conduct by— |
| (a) | officials or employees of the Municipality; |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
