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

Buffalo City Metropolitan Municipality and the Buffalo City Metropolitan Development Agency

Proclamation Notice 350 of 2026

Purchase

Proclamation Notice 350

18 September 2026

GG 55406

PROCLAMATION NOTICE 350 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. 7 4 of 1996)(hereinafter referred to as “the Act”), have been made in respect of the affairs of the Buffalo City Metropolitan Municipality (hereinafter referred to as “the Municipality”) and the Buffalo City Metropolitan Development Agency (hereinafter referred to as “the BCMDA”);

AND WHEREAS the Municipality and the BCMDA may 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 Municipality and the BCMDA, 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 and the BCMDA;

(b)	improper or unlawful conduct by employees of the Municipality and the BCMDA;

(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 Municipality and the BCMDA; 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 the Municipality and the BCMDA 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 1st day of September Two thousand and twenty-six.

CM Ramaphosa

President

By Order of the President-in-Cabinet:

MT Kubayi

Minister of the Cabinet

SCHEDULE

1.	The procurement of, or contracting for goods, works or services in respect of:

1.1	Tender Number “BCMM/DCOMMS/AM/10/2016/17” (Mdantsane NU2 Swimming Pool Project);

1.2	Tender Number “BCMM/DCOMMS/RECP/16/2019/20” (Mdantsane NU2 Swimming Pool Project);

1.3	Tender Number/ RFQ No. “DCOMMS/2018-19/119” (appointment of First New Generation Trading (Pty) Limited for demolition of existing walls);

1.4	Tender Number/ RFQ No. “RFQ/DCOMS/2018-19/164” (appointment of Lefito Trading trading as Kuyasa Electrical Contractors for removal of Donkin wall & palisade installation);

1.5	Tender/Bid Number No. 9 of 2018 (Consulting Engineer services- Water World Project); and

1.6	Tender/Bid No. 4 of 2019 (Main contractor – Waterworld);

by or on behalf of the Municipality and the BCMDA and payments made in respect thereof in a manner that was—

(a)	not fair, competitive, transparent, equitable or cost-effective; or

(b)	contrary to applicable—

(i)	legislation;

(ii)	manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury;

(iii)

manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Municipality and the BCMDA;

and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality and the BCMDA.

Any irregular, unlawful or improper conduct, including serious maladministration and the causes thereof, by officials or employees of the Municipality and the BCMDA, the applicable suppliers or service providers, or any other person or entity, in relation to the allegations as set out in paragraph 1 of this Schedule.