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 UnitsRoad Accident Fund (the "RAF")Proclamation No. R. 44 of 2021 |
Proclamation No. R. 44
10 December 2021
GG 45617
PROCLAMATION NO. R. 44 of 2021
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 affairs of the Road Accident Fund (hereinafter referred to as “the RAF");
AND WHEREAS the RAF 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 RAF; |
| (b) | improper or unlawful conduct by officials or employees of the RAF; |
| (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 RAF; 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 2018 and the date of publication of this Proclamation or which took place prior to 1 April 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 RAF 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 19 day of November Two thousand and twenty one.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration in the affairs of the RAF in respect of— |
| (a) | compensation payments made by the RAF to claimants or claimants' agents; and |
| (b) | payments made by the RAF to service providers, |
in a manner that was—
| (i) | contrary to applicable— |
| (aa) | legislation; |
| (bb) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (cc) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the RAF, |
| (ii) | in a fraudulent or corrupt manner, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the RAF or the State as a result thereof.
| 2. | Any irregular, improper or unlawful conduct by— |
| (a) | officials or employees of the RAF; |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
