Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsDepartment of DefenceProclamation No. 239 of 2025 |
Proclamation No. 239
24 January 2025
GG 51948
PROCLAMATION NO. 239 of 2025
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 “the Act”), have been made in respect of the affairs of the Department of Defence (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 2013 and the date of publication of this Proclamation or which took place prior to 1 January 2013 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 Pretoria this 23rd day of December Two thousand and twenty four.
CM Ramaphosa
President
By Order of the President-in-Chief
T Simelane
Minister of the Cabinet
SCHEDULE
| 1. | The procurement of and contracting for— |
| (a) | inventory verification and continuous asset verification in terms of Bid Number CPSC/B/PC/010/2016; and |
| (b) | the supply, delivery, installation and commissioning of an asset management system in terms of Bid Number EDU/038/11/MP, |
by the Department, and payments made in respect thereof in a manner that was—
| (i) | not fair, equitable, transparent, competitive or cost-effective; or |
| (ii) | contrary to applicable– |
| (aa) | legislation; |
| (bb) | manuals, guidelines, circulars, practice notes or instructions issued by the National Treasury or the relevant provincial treasury; or |
| (cc) | 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 or the State.
| 2. | Any improper or unlawful conduct by the officials or employees of the Department or the service provider in question, or any other person or entity, in relation to the allegations set out in paragraph 1 of this Schedule. |