President Cyril Ramaphosa has signed Proclamations 239, 240, and 241 authorising the Special Investigating Unit (SIU) to investigate allegations of maladministration relating to the procurement of goods and services in the affairs of the Department of Defence, KwaDukuza Municipality in KwaZulu-Natal, and Mpumalanga Department of Education.
Proclamation 239- Department of Defence
Proclamation 239 authorises the SIU to investigate serious maladministration in connection with the affairs of the Department of Defence in connection with two tenders. The SIU will investigate the procurement and contracting for inventory verification, continuous asset verification, and the supply, delivery, installation and commissioning of an asset management system.
The probe will also examine whether the payments for these contracts adhered to national treasury guidelines and ascertain whether the payments were irregular, fruitless, and wasteful expenditures or financial losses for the department or the state. Furthermore, the SIU will seek to establish if there was unlawful or improper conduct of the Defence employees, officials or agents and any other person or entity to corruptly or unduly benefit themselves or others.
The investigation will also look at whether fraudulent conduct occurred, including the causes of such maladministration, any losses, damages, or prejudice actually or potentially suffered by the Department or the State, and any irregular, improper, or unlawful conduct by employees or officials of the Department or any other person or entity.
The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2013 and 24 January 2025, as well as any related activities before 1 January 2013 and after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts.
Proclamation 240- KwaDukuza Municipality, KwaZulu Natal
Proclamation 240 directs the SIU to investigate allegations of serious maladministration in connection with the affairs of the KwaDukuza Local Municipality in the administration and delivery of three tenders. The tenders are in connection with the appointment of a panel of contractors for 36-month road rehabilitation, KwaDukuza Mall bulk supply, and KwaDukuza Mall bulk supply—construction of industrial 33/11 KV substation upgrade.
The SIU probe will examine whether the procurement and contracting were made in a manner that was not fair, competitive, transparent, equitable, or cost-effective or in violation of applicable legislation, guidelines, or instructions from the National or Provincial Treasury. This includes the Municipality or the State’s unauthorised, irregular, or wasteful expenditure.
The probe will also look at any irregular, unlawful, or improper conduct by officials or employees of the Municipality, its suppliers or service providers, or any other person or entity implicated.
The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 July 2018 and 24 January 2025, as well as any related activities before 1 July 2018 and after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts.
Proclamation 241- Mpumalanga Department of Education
Proclamation 241 authorises the SIU to investigate serious maladministration in connection with theaffairs of the Mpumalanga education department in connection with six tenders. The SIU willinvestigate the procurement and contracting for the supply of foodstuff between 2012 and 2022 byor on behalf of the Department in relation to the following schools:
Shongwe Boarding School
Izimbali Boarding School
Ezakheni Boarding School
ThabaChweu Boarding School
Emakhazeni Boarding School
Steve Tshwete Boarding School
The probe will also examine whether the payments for these contracts adhered to national treasury guidelines and ascertain whether the payments were irregular, fruitless, and wasteful expenditures or financial losses for the department or the state. Furthermore, the SIU will seek to establish if there was unlawful or improper conduct by the department employees, officials, agents, and any other person or entity to corruptly or unduly benefit themselves or others.
The investigation will also at whether fraudulent conduct occurred, including the causes of such maladministration, any losses, damages, or prejudice actually or potentially suffered by the department or the State, and any irregular, improper, or unlawful conduct by employees or officials of the department or any other person or entity.
The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2013 and 24 January 2025, as well as any related activities before 1 January 2013 and after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts.
Beyond investigating maladministration, corruption, and fraud, the SIU is committed to identifying systemic failures and recommending 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 of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action.
Under the SIU Act, the SIU is also authorised to initiate a civil action in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation resulting from acts of corruption, fraud, or maladministration.Enquiries:Kaizer KganyagoSpokesperson: Special Investigating UnitCell: 082 306 8888E-mail: KKganyago@siu.org.za
MEDIA STAEMENT – Defense MP Education and KwaDukuza statement- 30 January 2025_Download
