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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 Unit and Special Tribunal

2026 Notices

North West Department of Public Works and Roads

Proclamation Notice 340 of 2026

 

Proclamation Notice 340

28 August 2026

GG 55255

 

PROCLAMATION NOTICE 340 of 2026

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 North West Department of Public Works and Roads (“the Department”);

 

AND WHEREAS the Department 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 the Department,  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 Department;
(b) improper or unlawful conduct by the employees or officials of the Department;
(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 Part 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 Department; 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 9 March 2021 and the date of publication of this Proclamation or which took place prior to 9 March 2021 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 Department 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 03 day of August Two thousand and twenty-six.

 

President

 

By Order of the President-in-Cabinet:

 

Minister of the Cabinet

 

SCHEDULE

 

1. The procurement of or contracting for goods, works or services by of on behalf of the Department in respect of Bid Number PWR 89/13: Special Maintenance of Road P152/1 from Setlagole to P34/4 in Delareyville 58km (Phase ii- 28km), 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, practice notes, 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 Department;
(c) characterised by improper or unlawful conduct by the officials, employees or agents of the Department, or any other person or entity, to corruptly or unduly benefit themselves or any other person or entity; or
(d) fraudulent,

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department or the State.

 

2. Any improper or unlawful conduct by the officials or employees of the Department or the service providers in question, or any other person or entity, in relation to the allegations set out in paragraph 1 of this Schedule.