GOVERNMENT GAZETTE 394, No. 18893, 7 MAY 1998

No. R. 47, 1998

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

REFERRAL OF MATTER 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 South African Reserve Bank regarding the matter as set out in the Schedule;

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

NOW, THEREFORE, I hereby, under section 2 (1) of the said Act, refer the matter in the Schedule for investigation to the Special Investigating Unit and for adjudication of justiciabie civil disputes 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 that matter, 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 the South African Reserve Bank;
  2. improper or unlawful conduct by employees of the South African Reserve Bank;

  3. unlawful appropriation or expenditure of public money or property;

  4. unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property;

  5. intentional or negligent loss of public money or damage to public property; or
  6. 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 has taken place between 1 January 1985 and 31 December 1995.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Sixth day of May, 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

The granting, the terms and conditions and the repayment of the loan or loans and any other special assistance by the South African Reserve Bank to Bankorp to rescue Bankorp from bankruptcy.