Government Gazette

Vol. 419, No. 21210, 19 May 2000

Regulation Gazette, No. 6815

No. R. 31, 2000

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 Performing Arts Councils of Transvaal and the Free State (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, refer the matters 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 these matters, the terms of reference of the Special Investigating Unit, which has the powers, duties and functions assigned to or conferred upon it by the Act, 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. intentional or negligent loss of public money or damage to public property;
  5. corruption in connection with the affairs of the Councils; 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 2 June 1998 and the date of publication of this Proclamation.

Given under my Hand at Cape Town this Seventeenth day of May Two thousand.

J. G. ZUMA
Acting President

By Order of the President-in-Cabinet:

P. M. MADUNA
Minister of the Cabinet


SCHEDULE

  1. The unlawful, unauthorised and/or irregular conclusion of agreements by the Councils with various investment broker companies.
  2. The irregular investment of public money by the Councils through various investment broker companies.
  3. The financial losses suffered by the Councils in respect of the investment of funds with various investment broker companies.
  4. The failure by the Councils to ensure the protection of public money invested with various investment broker companies.