President Cyril Ramaphosa has signed two proclamations authorising the Special Investigating Unit (SIU) to investigate allegations of serious maladministration in the affairs of the Free State Department of Public Works & Infrastructure and Human Settlements, and the Free State Provincial Legislature; and KwaZulu-Natal Department of Transport, and to recover any financial losses suffered by the State.

The scope of the investigation will cover any allegations of:

• Serious maladministration in connection with the affairs of the State institutions being investigated.
• Improper or unlawful conduct by employees of the state institutions.
• Unlawful appropriation or expenditure of public money or property.
• Unlawful, irregular, or unapproved acquisitive act, transaction, measure, or practice having a bearing upon State property.
• Intentional or negligent loss of public money or damage to public property.
• Offence referred to in Part 1 to 4, of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the state institutions.
• Unlawful or improper conduct by any person which has caused or may cause serious harm to the interests of the public.

Proclamations156 OF 2024- KwaZulu-Natal Department of Transport Proclamation 156 of 2024 authorises the SIU to investigate serious maladministration in relation to the construction of Mngwenya River Bridge, Umlalazi River Bridge, Mhlathuze Bridge, and Phethu River Bridge.

The Proclamation covers allegations of unlawful and improper conduct that took place between 01 June 2016 and 23 February 2024, the date of the publication of the Proclamation or before 01 June 2016 and after the date of the Proclamation that are relevant to, connected with, incidental to the matters or involves the same persons, entities or contracts investigated.

Proclamation 155 OF 2024: Free State Department of Public Works & Infrastructure and Human Settlements and Free State Provincial Legislature Proclamation 155 OF 2024 authorises the SIU to investigate serious maladministration in relation to the procurement of, or contracting for goods, works and services in relation to the procurement of, or contracting for goods, works and services in relation to the procurement of, or contracting for goods, services in relation to the Ramkraal Project by or on behalf of the Department and theProvincial Legislature

The Proclamation covers allegations of unlawful and improper conduct that took place between 1 March 2010 and 23 February 2024, the date of the publication of the Proclamation or before 1 March 2010 and after the date of the Proclamation that are relevant to, connected with, incidental to the matters or involves the same persons, entities or contracts investigated.

The SIU will also investigate payments made in a manner that was not fair, competitive, transparent, equitable or cost-effective; or contrary to applicable legislation, and any related unauthorised, irregular, or fruitless and wasteful expenditure incurred the State.

In addition to investigating maladministration, malpractice, corruption and fraud, the SIU will identify system failures and make systematic recommendations to improve measures to prevent future losses.

In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence pointing to criminal conduct it uncovers during its investigations to the National Prosecuting Authority (NPA) for further action.

The SIU is empowered by the SIU Act to institute civil action in the High Court or a Special Tribunal in its name to correct any wrongdoing uncovered during its investigation caused by acts of corruption, fraud, or maladministration.

 

Issued by Special Investigating Unit