Government Gazette

Vol. 433, No. 22531, 31 July 2001

Regulation Gazette, No. 7128

No. R. 118, 2001

PROCLAMATION

by the President of the Republic of South Africa

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

1. Proclamation No. R. 24 of 14 March 1997, as amended by Proclamation No. R.72 of 11 November 1997 and Proclamation No. R. 42 of 28 April 1998, is hereby repealed.
2. Under section 2(1) (a) of the Special Investigating Units and Special Tribunals Act. 1996 (Act No. 74 of 1996), I hereby establish a Special Investigating Unit.
3. Under section 3 (1) (a) of the said Act, I hereby appoint William Andrew Hofmeyr as head of the Special Investigating Unit.

4. The terms of reference of the Special Investigating Unit are to exercise or perform the powers, duties and functions assigned to or conferred upon a Special Investigating Unit by the said Act in respect of matters referred to it in terms of section 2(1)(a)(ii) of the said Act, and to investigate as contemplated in the said Act, any -

1. serious maladministration in connection with the affairs of any State institution:
2. improper or unlawful conduct by employees of any State institution:
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 any State institution; 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.

5. Under section 2(1) (b) of the said Act, I hereby establish a Special Tribunal to adjudicate upon justiciable civil disputes emanating from any investigation of the Special Investigating Unit established under paragraph 2 of this Proclamation.

6. The Special Investigating Unit established under paragraph 2 of this Proclamation shall continue to investigate all the matters which were referred to the Special Investigating Unit established by Proclamation No. R. 24 of 14 March 1997, including those matters referred to it by the said Proclamation and the Proclamations mentioned in the Schedule. Any reference in paragraph 3 of the Proclamations set out in the Schedule to "Proclamation No. R. 24 of 14 March 1997", must be interpreted as a reference to this proclamation.

Given under my Hand at Pretoria this Twenty-fifth day of July Two thousand and one.

T. M. MBEKI
President

By Order of the President-in-Cabinet:

P. M. MADUNA
Minister of the Cabinet

SCHEDULE