PROCLAMATION

by the

President of the Republic of South Africa

No. R. 20, 1998

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

REFERRAL OF MATTERS TO EXISTING SPECIAL INVESTIGATING UNIT AND SPECIAL TRIBUNAL

WHEREAS allegations as contemplated in section 2 (2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), have been made in respect of the affairs of the State institutions mentioned in the Schedule (hereinafter referred to as "the State institutions");

AND WHEREAS I deem it necessary that the said allegations should be investigated and any justiciable civil disputes emanating from such investigation should be adjudicated upon;

NOW,THEREFORE,I hereby, under section 2 (1) of the said Act, and after consultation with the Premier of the Province of the Northern Cape refer the matters in the Schedule for investigation to the Special Investigating Unit and for adjudication of any justiciable civil dispute emanating from such investigation to the Special Tribunal established by Proclamation No. R. 24 of 14 March 1997 and determine that, for the purposes of the investigation of these matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the said Act, any—

  1. serious maladministration in connection with the affairs of any such State institution;
  2. improper or unlawful conduct by employees of any such State institution;
  3. unlawful appropriation or expenditure of public money or property;
  4. unlawful, irregular or unapproved acquisitive act, transaction, measure or practise having a bearing upon state property;
  5. intentional or negligent loss of public money or damage to public property;
  6. corruption in connection with the affairs of any such State institution; or
  7. unlawful or improper conduct by any person which has caused or may cause serious harm to their interests of the public or any category thereof,

which has taken place between 27 April 1994 and the date of publication of this Proclamation.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twenty-fourth day of February, One thousand Nine hundred and Ninety-eight.

N. R. MANDELA
President

By Order of the President-in-Cabinet:

A. M. OMAR
Minister of the Cabinet

SCHEDULE

  1. The irregular granting or rejection of housing subsidies by the Provincial Housing Board in the Province of the Northern Cape.
  2. The irregular conclusion of contracts between the Government of the Province of the Northern Cape and Kim-Diamonds (Pty) Ltd for the acquisition on hire-purchase of the Kim-Diamonds Building in Kimberley and the irregular procedures followed in this regard by officials in the provincial Tender Board, Departments of Finance and Public Works and the Office of the Premier of the Northern Cape.