| (1) |
The President may, whenever he or she deems it necessary on account of any of the grounds mentioned in subsection (2), by proclamation in the Gazette
|
(a)
| (i) |
establish a Special Investigating Unit in order to investigate the matter concerned; or |
| (ii) |
refer the matter to an existing Special Investigating Unit for investigation; and |
| (b) |
establish one or more Special Tribunals to adjudicate upon justifiable civil disputes emanating from any investigation of any particular Special Investigating Unit: |
Provided that if any matter referred to in subsection (2) falls within the exclusive competence of a province, the President shall exercise such powers only after consultation with or at the request of the Premier of the province concerned.
| (2) |
The President may exercise the powers under subsection (1) on the grounds of any alleged— |
| (a) |
serious maladministration in connection with the affairs of any State institution; |
| (b) |
improper or unlawful conduct by employees of any State institution; |
| (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) |
corruption in connection with the affairs of any State institution; 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. |
| (3) |
The proclamation referred to in subsection (1) must set out the terms of reference of the Special Investigating Unit, and such particulars regarding the establishment of the Special Investigating Unit or the Special Tribunal as the President may deem necessary. |
| (4) |
The President may at any time amend a proclamation issued by him or her in terms of subsection (1). |
Basic Conditions of Employment Act, 1997
