Proclamation No. 195 of 2024

Special Investigating Units and Special Tribunals Act, 1996 (74 of 1996) (The Act) » Referral of Matters to...

Title	Special Investigating Units and Special Tribunals Act, 1996 (74 of 1996) (The Act) » Referral of Matters to Existing Special Investigating Unit » Ekurhuleni Metropolitan Municipality
Department	Justice and Constitutional Development
Gazette	Regulation Gazettes, No. 51328 of 04 October, 2024, 2 page(s), 170Kb

STAATSKOERANT, 4 OKTObER 2024                        No. 51328    71

PROCLAMATION 195 OF 2024
                                                     PROCLAMATION
                                                          by the
                                      PRESIDENT of the REPUBLIC of SOUTH AFRICA

No. R.     , 2024

SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT NO. 74 OF 1996):
                 REFERRAL OF  MATTERS TO EXISTING SPECIAL INVESTIGATING  UNIT: EKURHULENI
                 METROPOLITAN MUNICIPALITY

WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special

Ekurhuleni Metropolitan Municipality, situated

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;
                 (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 2002 and the date of publication of this Proclamation or which
                 took place prior to 1 January 2002 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, , and to perform such functions which are not in conflict
                 with the provisions of the Act, as the President may from time to time request.

Given under my Hand and the Seal of the Republic of South Africa at  Cape Town this 10th day of
                 September Two thousand and twenty four.

MC Ramaphosa
                 President
                 By Order of the President-in-Cabinet:
                 T Simelane
                 Minister of the Cabinet

SCHEDULE

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Proclamation No. 195 of 2024

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