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 UnitsMogalakwena Local Municipality, Limpopo ProvinceProclamation No. R. 180 of 2021 |
Proclamation No. R. 180
5 March 2021
GG 44230
PROCLAMATION NO. R. 180 OF 2021
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
Department of Justice and Constitutional Development
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 Mogalakwena Local Municipality situated in the Limpopo Province (hereinafter referred to as (“the Municipality”);
AND WHEREAS the Municipality or the State 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 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) | 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 April 2016 and the date of publication of this Proclamation or which took place prior to 1 April 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 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 Cape Town this 19th day of February Two thousand and twenty one
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or 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; 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; 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, or losses suffered by, the Municipality or the State in relation to:
| (aa) | Tender number: 04-2017/2018 (Bulk Masterplan: Phase 2A bulk water supply zone 1 - WF2A and WF8 infrastructure (boreholes and pipelines)); |
| (bb) | Tender number: 05-2017/2018 (Bulk Masterplan: Phase 2A bulk water supply zone 1 - Gravity bulk connection to reservoirs); |
| (cc) | Tender number: 06-2017/2018 (Bulk Masterplan: Phase 2A bulk water supply zone 1 - WF2 raising mains, storage and bulk supply); |
| (dd) | Tender number: 25-2016/2017 (Construction of VIP toilets); |
| (ee) | waste removal and collection services; |
| (ff) | landfill services and the hiring of equipment; |
| (gg) | bush clearing and grass cutting services; and |
| (hh) | legal services. |
| 2. | The recruitment, selection and appointment of personnel of the Municipality— |
| (a) | in a manner that was contrary to— |
| (i) | applicable legislation; |
| (ii) | policies, procedures, prescripts, instructions or practices of, or applicable to, the Municipality; or |
| (iii) | the applicable post structures, minimum post requirements and remuneration structures; and |
| (b) | for positions that they are not qualified for. |
| 3. | Any unlawful or improper conduct by— |
| (a) | officials or employees of the Municipality; |
| (b) | contractors, suppliers or service providers of the Municipality; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraphs 1 and 2 of this Schedule.
