National Environmental Management Act, 1998 (107 of 1998)
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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsDepartment of Public Works and InfrastructureProclamation No. R. 83 of 2022 |
Proclamation No. R. 83
5 August 2022
GG 47199
PROCLAMATION NO. R. 83 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 Department of Public Works and Infrastructure (hereinafter referred to as “the Department");
AND WHEREAS the Department 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 Department, 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 Department; |
| (b) | improper or unlawful conduct by employees of the Department; |
| (c) | unlawful appropriation or expenditure of public money; |
| (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 Department; 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 22 May 2009 and the date of publication of this Proclamation or which took place prior to 22 May 2009 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 Department 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 29 day of June 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 Department 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, or instructions issued by the National Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department in relation to the following projects:
| (aa) | Official Accommodation (WCS 046547); |
| (bb) | Residential Accommodation (WCS 046548); |
| (cc) | Residences of Sessional Officials Refurbishment (WCS__45661); |
| (dd) | Marks Building External Renovations (WCS 050720); and |
| (ee) | 90 Plein Street, Cape Town, 6th Floor, total refurbishments. |
| 2. | Any non-performance, poor performance, defective performance or late performance by contractors, suppliers or service providers of goods, works or services delivered, performed or rendered in respect of the projects listed above and any losses or damages suffered by the Department or the State as a result thereof. |
| 3. | Any irregular, improper or unlawful conduct by— |
| (a) | employees or officials of the Department; or |
| (b) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
