National Environmental Management Act, 1998 (107 of 1998)
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsTshwane Metropolitan MunicipalityProclamation No. 138 of 2023 |
Proclamation No. 138
22 September 2023
GG 49328
PROCLAMATION NO. 138 of 2023
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 Tshwane Metropolitan Municipality (hereinafter referred to as "the Municipality");
AND WHEREAS the State or the Municipality 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 Department and 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 the employees or officials of the Municipality; |
| (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 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 2018 and the date of publication of this Proclamation or which took place prior to 1 January 2018 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 Municipality, 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 twelfth day of September Two thousand and twenty three.
MC Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of and contracting for goods, works or services by or on behalf of the Municipality and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, 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 Municipality, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality or the State in respect of tender number USD WS 30-2017/18 for the construction of Phase 1 upgrades and urgent refurbishment at the Rooiwal Waste Water Treatment Works.
| 2. | Any improper or unlawful conduct by— |
| (a) | the officials or employees of the Municipality or |
| (b) | any other person or entity, |
relating to the allegations referred to in paragraph 1 of this Schedule.
