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 UnitsLepelle Northern Water Board and Amatola Water BoardProclamation No. 82 of 2022 |
Proclamation No. 82
5 August 2022
GG 47197
PROCLAMATION NO. 82 of 2022
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 Lepelle Northern Water Board and Amatola Water Board (hereinafter referred to as “the Water Board");
AND WHEREAS the State or the Water Boards 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 Water Boards, 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 Water Boards; |
| (b) | improper or unlawful conduct by— |
| (i) | Board members, officials or employees of the Water Boards; and |
| (ii) | officials or employees of the Ministry of Human Settlements, Water and Sanitation; |
| (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 Water Boards; 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 August 2019 and the date of publication of this Proclamation or which took place prior to 1 August 2019 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 Johannesburg this 11th day of July Two thousand and twenty-two.
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 or on behalf of the Water Boards 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 Water Boards; |
| (c) | facilitated through the unlawful, irregular or improper conduct of— |
| (i) | Board members, employees or officials of the Water Boards; or |
| (ii) | officials or employees of the Ministry of Human Settlements, Water and Sanitation; |
| (d) | conducted or facilitated through the manipulation of the Water Boards' supply chain management processes by suppliers, service providers or any other person in collusion with, or through the intervention of— |
| (i) | Board members, employees or officials of the Water Boards; or |
| (ii) | officials or employees of the Ministry of Human Settlements, Water and Sanitation, |
to corruptly or unduly benefit themselves or others; or
| (e) | fraudelent, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Water Boards or the State as result thereof.
| 2. | Any unlawful or irregular conduct by— |
| (a) | the suppliers or service providers in question or their employees; |
| (b) | Board members, employees or officials of the Water Boards; |
| (c) | officials or employees of the Ministry of Human Settlements, Water and Sanitation; or |
| (d) | any other person, |
in relation to the allegations set out in paragraph 1 of this Schedule.
