Proclamation No. 207 of 2024

Special Investigating Units and Special Tribunals Act (74/1996) » Referral of matters to existing Special...

Title	Special Investigating Units and Special Tribunals Act (74/1996) » Referral of matters to existing Special Investigating Unit and Special Tribunal » Makana Local Municipality
Department	Justice and Constitutional Development
Gazette	Regulation Gazettes, No. 51415 of 18 October, 2024, 4 page(s), 104Kb

STAATSKOERANT, 18 OKTObER 2024                       No. 51415    19

PROCLAMATION 207 OF 2024

PROCLAMATION
                                                          by the

PRESIDENT of the REPUBLIC of SOUTH AFRICA

PROCLAMATION
                                                   PROCLAMATION

No. R.     , 2024                 by the
                                                         by the
                                  PRESIDENT of the REPUBLIC of SOUTH AFRICA
                                  PRESIDENT of the REPUBLIC of SOUTH AFRICA
                       SPECIAL INVESTIGATING UNITS AND         SPECIAL TRIBUNALS ACT, 1996 (ACT

NO.  74  OF  1996):  REFERRAL  OF  MATTERS  TO  EXISTING  SPECIAL
                 No. R.     , 2024
                 No. R.     , 2024
                       INVESTIGATING     UNIT   AND    SPECIAL    TRIBUNAL:     MAKANA     LOCAL
                       MUNICIPALITY
                 SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT
                 SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT

NO.  74  OF  1996):  REFERRAL  OF  MATTERS  TO  EXISTING  SPECIAL
                       WHEREAS allegations as contemplated in section 2(2) of the Special Investigating
                 NO.  74  OF  1996):  REFERRAL  OF  MATTERS  TO  EXISTING  SPECIAL
                 INVESTIGATING        UNIT     AND     SPECIAL      TRIBUNAL:      MAKANA       LOCAL
                       Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as
                 INVESTIGATING        UNIT     AND     SPECIAL      TRIBUNAL:      MAKANA       LOCAL
                 MUNICIPALITY
                       the "Act”), have been made in respect of the affairs of the Makana Local Municipality,
                 MUNICIPALITY
                       situated in the Eastern Cape Province (hereinafter referred to as “the Municipality”);

WHEREAS allegations as contemplated in section 2(2) of the Special Investigating
                 WHEREAS allegations as contemplated in section 2(2) of the Special Investigating
                       AND WHEREAS the Municipality may have suffered losses that may be recovered;
                 Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as
                 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 Makana Local Municipality,
                       AND WHEREAS I deem it necessary that the said allegations should be investigated
                 the "Act”), have been made in respect of the affairs of the Makana Local Municipality,
                 situated in the Eastern Cape Province (hereinafter referred to as “the Municipality”);
                       and civil proceedings emanating from such investigation should be adjudicated upon;
                 situated in the Eastern Cape Province (hereinafter referred to as “the Municipality”);

NOW,  THEREFORE,  I  hereby,  under  section  2(1)  of  the  Act,  refer  the  matters
                 AND WHEREAS the Municipality may have suffered losses that may be recovered;
                 AND WHEREAS the Municipality may have suffered losses that may be recovered;
                       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
                 AND WHEREAS I deem it necessary that the said allegations should be investigated
                 AND WHEREAS I deem it necessary that the said allegations should be investigated
                       determine  that,  for  the  purposes  of  the  investigation  of  the  matters,  the  terms  of
                 and civil proceedings emanating from such investigation should be adjudicated upon;
                       reference of the Special Investigating Unit are to investigate as contemplated in the
                 and civil proceedings emanating from such investigation should be adjudicated upon;
                       Act, any alleged—

NOW,  THEREFORE,  I  hereby,  under  section  2(1)  of  the  Act,  refer  the  matters
                       (a)
                             serious maladministration in connection with the affairs of the Municipality;
                 NOW,  THEREFORE,  I  hereby,  under  section  2(1)  of  the  Act,  refer  the  matters
                             improper or unlawful conduct by employees of the Municipality;
                       (b)
                 mentioned  in  the  Schedule,  in  respect  of  the  Municipality,  for  investigation  to  the
                 mentioned  in  the  Schedule,  in  respect  of  the  Municipality,  for  investigation  to  the
                             unlawful appropriation or expenditure of public money or property;
                       (c)
                 Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and
                 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
                 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
                 reference of the Special Investigating Unit are to investigate as contemplated in the
                 Act, any alleged—
                 Act, any alleged—
                 (a)    serious maladministration in connection with the affairs of the Municipality;
                 (a)    serious maladministration in connection with the affairs of the Municipality;
                 (b)    improper or unlawful conduct by employees of the Municipality;
                 (b)    improper or unlawful conduct by employees of the Municipality;
                 (c)    unlawful appropriation or expenditure of public money or property;
                                     
                 (c)    unlawful appropriation or expenditure of public money or property;

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Proclamation No. 207 of 2024

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