Proclamation

by the

President of the Republic of South Africa

No. R. 24, 1997

SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT No. 74 OF 1996)

  1. Under section 14 (1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), and upon the request of the executive authority of the Eastern Cape, and because I am of the opinion that the objects of the Commission of Inquiry into Matters relating to State Property in the Province of the Eastern Cape established by Eastern Cape Provincial Notice No. 10 of 1995, can better be achieved by a Special Investigating Unit and a Special Tribunal, I hereby dissolve the said Commission and establish a Special Investigating Unit and a Special Tribunal in its place.
  2. Under section 3 (1) of the said Act, I hereby appoint Mr Justice Willem Hendrik Heath as head of the Special Investigating Unit.
  3. Under section 7 (2) of the said Act, I hereby, after consultation with the Chief Justice, appoint Mr Justice Gerhardus Petrus Christiaan Kotze as Tribunal President.
  4. The terms of reference of the Special Investigating Unit are-
    1. to examine and report to me on-
      1. any acquisitive act, transaction, measure or practise, pending or concluded, having a bearing on State or public property or public money which belongs to or vests in a State institution or which, at any time prior to 27 April 1994, belonged to or vested in any former State or territory that now forms part of the Republic and which public property or public money. were it not for such acquisitive act, transaction, measure or practice, could have belonged to, or vested in, or could have been liable to be alloted to a State institution
      2. any interest in, or in respect of, any property contemplated in subparagraph (a);
      3. any person, establishment, institution or society in or by which public property or public money contemplated in subparagraph (a) may be accumulated or may have been used: and
      4. any real or personal right to property contemplated in subparagraph (a) or to the fruits of such property that have accrued or will accrue to any person, establishment, institution or society other than a State institution;
    2. to inquire into, consider and report to me on matters contemplated in subparagraph (1) which have taken place between 26 October 1976 and the date on which the Special Investigating Unit is dissolved; and
    3. to inquire into, consider and report to me on any matter contemplated in section 2 (2) of the said Act, which is incidental to the matters referred to in subparagraphs (1) and (2) and which is revealed by any of the investigations of the Special Investigating Unit, and the generality of this subparagraph is not limited by subparagraphs (1) and (2).
  5. The seat of the Special Investigating Unit is King William's Town.
  6. Subject to section 9 (2) (b) of the said Act, the seat of the Special Tribunal is King William's Town or any other place that the Tribunal President may designate as such.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twelfth day of March, One thousand Nine hundred and Ninety-seven.

N. R. MANDELA
President

By Order of the President-in-Cabinet:

A. M. OMAR
Minister of the Cabinet