Housing Development Agency Act, 2008
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsSaldanha Bay Local MunicipalityProclamation No. R. 39 of 2020 |
Proclamation No. R. 39
24 December 2020
GG 44029
PROCLAMATION NO. R.39 OF 2020
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 Saldanha Bay Local 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 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 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 January 2017 and the date of publication of Proclamation No. 95 of 2 December 2022 or which took place prior to 1 January 2017 or after the date of publication of Proclamation No. 95 of 2 December 2022, 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 State or 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 9 day of December Two thousand and twenty.
CM Ramaphosa
President
By Order of the President-in-Cabinet:
RO Lamola
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of, or contracting for— |
| (a) | security services in terms of bid number SBM 45/17/18; and |
| (b) | professional consulting engineering services for the formalisation, rezoning and subdivision, related environmental authorisation and land surveyor services for portion 24 of Farm 282 in Middelpos, Saldanha, in terms of bid number SBM 56/18/19, by or on behalf of the Municipality and payments made in respect thereof in a manner that was— |
| (i) | not fair, competitive, transparent, equitable or cost-effective; |
| (ii) | contrary to applicable— |
| (aa) | legislation; |
| (bb) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions of practices of or applicable to the Municipality, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the State or the Municipality; |
| 2. | Serious maladministration in the affairs of the Municipality in respect of the— |
| (a) | strategic partnership concluded between the Municipality and the Saldanha Bay Tourism Office, including the expenditure of public money paid out by the Municipality to the Saldanha Bay Tourism Office; |
| (b) | appointment of the Personal Assistant: Speaker and Council Support, Mayoral Support Service, Political Administrator, Strategic Advisor and Executive Mayor: Communications Officer in the year 2019/2020; and |
| (c) | writing off by the Municipality’s Council of irregular expenditure of R1 757 758 and R9 959 912, as identified by the Auditor-General of South Africa in its Notes to the Annual Financial Statements of the Municipality as at 30 June 2019, |
including the causes of such maladministration;
| 3. | Any improper or unlawful conduct by the officials or employees of the Municipality or the applicable service providers, or any other person or entity, in relation to the allegations set out in paragraphs 1 and 2 of this Schedule. |
[Proclamation No. R. 39 substituted by Proclamation No. R. 95, GG47634, dated 2 December 2022]
