Special Investigating Unit authorised to investigate contracts at Eastern Cape Department of Health and Midvaal Local Municipality

President Cyril Ramaphosa has signed two new proclamations authorising the Special Investigating Unit (SIU) to investigate allegations of corruption and maladministration in the affairs of the Eastern Cape Department of Health and Midvaal Local Municipality.

The Eastern Cape Department of Health

President Ramaphosa signed Proclamation R. 71 of 2022 authorising the SIU to launch an investigation that will look into allegations of corruption and maladministration in the affairs of the Eastern Cape Department of Health, and to recover any financial losses suffered by the State or the Department through civil litigation.

The SIU investigation on the Eastern Cape Department of Health will focus on the procurement of or contracting for health care risk waste management services. The probe will firstly look at whether the contract and payments were fair, equitable, transparent, competitive or cost-effective and whether guidelines by the National Treasury or the relevant Provincial Treasury were followed. Secondly, the SIU will investigate any irregular, improper or unlawful conduct by employees or officials of the Department, and any other person or parties involved in this tender.

The Proclamation covers offences which took place between 1 March 2018 and 8 July 2022, the date of publication of this Proclamation, or which took place prior to 1 March 2018 or after the date of the publication of this Proclamation.

The Midvaal Local Municipality

The second Proclamation that is newly signed by President Ramaphosa is Proclamation R. 72 of 2022 authorising the SIU to investigate allegations of corruption and maladministration in the affairs of the Midvaal Local Municipality, and to recover any financial losses that State or Municipality suffered through civil litigation.

The SIU will be probing the Midvaal Local Municipality on a tender for the rental of a vehicle tracking system, including the installation, monitoring and maintenance of a web based live tracking system by or on behalf of the Municipality. The SIU will investigate whether the payments pertaining to this contract were fair, competitive, transparent, equitable or cost-effective, and followed the guidelines, policies and procedures issued by the National Treasury or Provincial Treasury. The SIU will also investigate any improper or unlawful conduct by the officials or employees of the Municipality or the service provider in question.

This Proclamation covers offences which took place between 1 June 2020 and 8 July 2022, the date of publication of this Proclamation, or which took place prior to 1 June 2020 or after the date of the publication of this Proclamation.

The SIU is empowered to institute civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during both investigations caused by acts of corruption, fraud or maladministration. In line with the SIU Act 74 of 1996, the SIU will refer any criminal conduct it uncovers to the National Prosecuting Authority (NPA) for further action.

Source: Government of South Africa