Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsNational TreasuryProclamation No. R. 4 of 2020 |
Proclamation No. R. 4
31 January 2020
GG 42979
PROCLAMATION NO. R.4 OF 2020
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as 'the Act') have been made in respect of the affairs of the National Treasury, the State Information Technology Agency SOC Ltd, and the Department of Public Service and Administration (hereinafter collectively referred to as "the Institutions")
AND WHEREAS the Institutions or the State may have suffered losses that may be recovered;
AND WHEREAS I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon;
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Institutions, for investigation to the Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and determine that, for the purposes of the investigation of the matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the Act, any alleged—
| (a) | serious maladministration in connection with the affairs of the Institutions; |
| (b) | improper or unlawful conduct by employees of the Institutions; |
| (c) | unlawful appropriation or expenditure of public money or property; |
| (d) | unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property; |
| (e) | intentional or negligent loss of public money or damage to public property; |
| (f) | offence referred to in Parts 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), and which offences were committed in connection with the affairs of the Institutions; or |
| (g) | 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 took place between 01 July 2013 and the date of publication of this Proclamation or which took place prior to 01 July 2013 or after the date of publication of this Proclamation, but is relevant to, connected with, incidental or ancillary to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Institutions or the State, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at ……………………… this ……………….. day of ……………….. Two thousand and twenty five.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
[Proclamation No. R. 4 of 31 January 2020 (as amended by Proclamation No. R. 40 of 2020) substituted by Amendment Proclamation Notice 281, GG53241, dated 29 August 2025]
SCHEDULE
| 1. | The procurement of, or contracting for goods, works or services by or on behalf of the Institutions, and payments made in respect thereof in a manner that was— |
| (a) | not fair, competitive, transparent, equitable or cost-effective; |
| (b) | contrary to applicable— |
| (i) | legislation; |
| (ii) | manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or |
| (iii) | manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the National Treasury; or |
| (c) | facilitated through the unlawful, irregular or improper intervention of employees or officials of the National Treasury, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the National Treasury or the State as a result thereof, in relation to the following:
| (i) | the Integrated Financial Management System; and |
| (ii) | Tender Number NT 024-2013 for the appointment of a service provider for the establishment and operation of a Project Management Office (PMO) for the Integrated Financial Management System programme and associated Request For Quotation Numbers: |
| (aa) | RFQ01-2014: Appointment of a service provider to review the Integrated Financial Management System tender specifications (technical and functional), in order to ensure that the tender meets the full solution requirements; |
| (bb) | RFQ02-2014: Appointment of a service provider to provide probity services for the Integrated Financial Management System project; |
| (cc) | RFQ03-2014: Appointment of two service providers to lead the programme, stakeholder management and strategic business planning; |
| (dd) | RFQ023-2014: Appointment of a service provider(s) to assist with organisational change management and communications with regard to the Integrated Financial Management System programme; |
| (ee) | RFQ024-2014: Appointment of a service provider(s) for strategic systems planning with regard to the Integrated Financial Management System; and |
| (ff) | RFQ029-2014: Appointment of a service provider to provide assistance with probity services and assurance with regard to the Integrated Financial Management System programme. |
| 2. | Any irregular, unlawful or improper conduct by— |
| (a) | officials or employees of the Institutions; or |
| (b) | the applicable suppliers or service providers of the Institutions; or |
| (c) | any other person or entity, |
in relation to the allegations as set out in paragraph 1 of this Schedule.
[Schedule to Proclamation No. R. 4 of 31 January 2020 (as amended by Proclamation No. R. 40 of 2020) substituted by Amendment Proclamation Notice 281, GG53241, dated 29 August 2025]