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SIU gets green light to investigate State capture ACSA transactions

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SIU gets green light to investigate State capture ACSA transactions

Image of President Cyril Ramaphosa
President Cyril Ramaphosa

26th November 2024

By: Thabi Shomolekae
Creamer Media Senior Writer

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The Special Investigating Unit (SIU) has been authorised to investigate allegations of maladministration and corruption in interest rate swap agreements at Airports Company of South Africa (ACSA), related to State capture findings, following the signing of four proclamations by President Cyril Ramaphosa.

SIU spokesperson Kaizer Kganyago pointed out that Proclamation 228 of 2024 related to agreements with various banks, as highlighted in the Judicial Commission of Inquiry into State Capture, and will allow the investigators to look into improper or unlawful conduct by ACSA employees or officials, between January 1, 2008 and November 22, 2024.

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This, Kganyago said, will include the unlawful appropriation or expenditure of public funds or property; irregular or unapproved transactions, practices, or measures involving State property; intentional or negligent loss of public funds; damage to public assets; and offences outlined in the Prevention and Combating of Corrupt Activities Act, 2004.

The investigation also extends to any unlawful or improper conduct by individuals causing or potentially causing significant harm to public interests.

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KWAZULU-NATAL

Meanwhile, Proclamation 226 of 2024 authorises the SIU to investigate the eThekwini metropolitan municipality’s procurement of security and VIP protection services.

Kganyago said the SIU’s investigation will determine if the process was conducted fairly and transparently, and whether service providers delivered as contracted.

“Furthermore, the probe will ascertain if there is unlawful or improper conduct of the municipality’s employees, officials or agents and any other person or entity to corruptly or unduly benefit themselves or others,” he said.

EASTERN CAPE

Under Proclamation 227 of 2024, the SIU will investigate maladministration on procurement and contracting irregularities in Ngqushwa local municipality, in the Eastern Cape, for the upgrade and completion of the new recreation sports field and procurement of a mayoral luxury SUV.

The SIU will look at any payments that were not made fairly, competitively, transparently, equitably, or cost-effectively or in violation of applicable legislation, guidelines, or instructions from the National or Provincial Treasury.

This includes the municipality or the State’s unauthorised, irregular, or wasteful expenditure.

The probe will also look at any irregular, unlawful, or improper conduct by officials or employees of the Ngqushwa municipality, its suppliers,or service providers, or any other person or entity implicated.

Kganyago explained that beyond investigating maladministration, corruption, and fraud, the SIU will identify systemic failures and recommend measures to prevent future losses.

GAUTENG

The SIU will also investigate allegations of maladministration within the Gauteng Department of Sport, Arts, Culture, and Recreation regarding the supply and installation of a surveillance CCTV and monitoring system in the department's Surrey House in 2019, and the Heritage Day Social Cohesion Carnival hosted by the department in 2019.

Proclamation 225 of 2024 will allow for the examination of the procurement and contracting of goods and services conducted by or on behalf of the department and will determine whether the payments made followed National Treasury guidelines and assess whether these payments were irregular.

“It will also determine whether any were fruitless, wasteful expenditures or resulted in financial losses for the department or the State,” Kganyago said.

The Proclamation covers allegations of unlawful and improper conduct that occurred between January 1, 2019, and November 22, 2024, as well as any related activities before January 2019.

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