Government Gazette

Vol. 402, No. 19586, 9 December 1998

Regulation Gazette, No. 6376

No. R. 124

PROCLAMATION

by the President of the Republic of South Africa

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 Transitional Local Councils as mentioned in the Schedule (hereinafter referred to as "the Councils");

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, and after consultation with the Premier of the Province of the Northern Cape, refer the matters mentioned in the Schedule for investigation to the Special Investigating Unit and for adjudication of justiciable 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 those 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 the Councils;
2. improper or unlawful conduct by employees of the Councils;
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;
6. corruption in connection with the affairs of the Councils; or
7. 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 August 1994 and the date of publication of this Proclamation.

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this fourth day of December, 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

Loxton Transitional Local Council

1. The invalid and/or irregular sale of immovable property belonging to and/or vesting in the Council.

2. The theft and/or loss of a receipt book of the Council and/or the failure by the Council to exercise proper control over financial records.

3. The theft and/or loss of money belonging to the Council and/or the failure by the Council to exercise proper control over such money.

Warrenton Transitional Local Council

1. The unlawful, unauthorised and/or irregular entering into contracts pertaining to diamond prospecting by the Council with private persons.

2. The invalid and/or irregular sale of motor vehicles belonging to and/or vesting in the Council.

3. The invalid and/or irregular sale of houses belonging to and/or vesting in the Council to employees of the Council.