Proclamation No. 197 of 2024

Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) » Referral of Matters to...

Title	Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) » Referral of Matters to Existing Special Investigating Unit and Special Tribunal » Mpumalanga Department of Health
Department	Justice and Constitutional Development
Gazette	Regulation Gazettes, No. 51328 of 04 October, 2024, 2 page(s), 52.4Kb

80   No. 51328               GOVERNMENT GAZETTE, 4 OcTObER 2024

PROCLAMATION 197 OF 2024

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

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 Mpumalanga Department of
                 Health (hereinafter referred to as "the Department");

AND WHEREAS the Department or the State 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 the employees or officials of the Department;
                 (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 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  1  January  2014  and  the  date  of  publication  of  this
                 Proclamation  or  which  took  place  prior  to  1  January  2014  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 Cape Town this
                 10 th  day of September Two thousand and twenty-four.

CM Ramaphosa
                 President

By Order of the President-in-Cabinet:

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Proclamation No. 197 of 2024

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