Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February 1998

Similar documents
Government Gazette Staatskoerant

Government Gazette Staatskoerant

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. WINDHOEK - 12 August 1996 CONTENTS

REPUBLIC OF SOUTH AFRICA

RENTAL HOUSING AMENDMENT BILL

THE OIL AND GAS DEVELOPMENT CORPORATION ORDINANCE, 1961

ANTARCTIC TREATIES ACT NO. 60 OF 1996

REPORT EXECUTIVE SUMMARY RFP 0008/2015 FORENSIC AUDIT TO VERIFY PRASA PAYMENTS 4 October 2016

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,-

1. Words underlined with a solid line ( ) indicate the insertions in the existing rules.

NATURAL FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT

GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING

Competition Promotion and Market Protection Act, 2063 (2007)

Government Gazette Staatskoerant

1995 No (N.I. 9) Historic Monuments and Archaeological Objects - Northern Ireland - Order 1995

Government Notices Goewermentskennisgewings

Government Notices Goewermentskennisgewings

The Bill is attached and further copies can be obtained from Mr Siyabonga Shozi of the

LAWS OF FIJI CHAPTER 267 HOUSING ACT TABLE OF PROVISIONS

Kenya Gazette Supplement No. 53 5th April, (Legislative Supplement No. 22)

Strata Management 1 STRATA MANAGEMENT BILL 2012

Judicial Services and Courts Act [Cap 270]

The Minister of Social Development intends to introduce table the Children's Second

Kenya Gazette Supplement No. 76 (National Assembly Bills No. 25) REPUBLIC OF KENYA NATIONAL ASSEMBLY BILLS, NAIROBI 19thMay, CONTENT

Government Notices Goewermentskennisgewings

Government Gazette REPUBLIC OF SOUTH AFRICA

NATIONAL YOUTH COUNCIL ACT

GOVERNMENT GAZETTE STAATSKOERANT

(27th July, 1967.)

The Department of Government Services Act

PUBLIC AUDIT AMENDMENT BILL

Electricity Supply Act 1995 No 94

(1 May 2008 to date) ELECTRICITY REGULATION ACT 4 OF 2006

GOVERNMENT GAZETTE STAATSKOERANT

Government Gazette Staatskoerant

STATE TENDER BOARD ACT 86 OF 1968

CHAPTER 74:01 BOTSWANA POWER CORPORATION ARRANGEMENT OF SECTIONS PART I Preliminary

(18 September 2009 to date)

SPECIAL ISSUE. Kenya Gazette Supplement No. 77(Acts No. 3) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, NAIROBI, 26 th October, 2005

Government Gazette Staatskoerant

ELECTRICITY REGULATIONS FOR COMPULSORY NORMS AND STANDARDS FOR RETICULATION SERVICES (GN R773 in GG of 18 July 2008)

Public Service Act 13 of 1995 section 34

Strata Schemes Management Amendment Act 2004 No 9

Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001)

Government Gazette Staatskoerant

Law No. 3 of 2005 Promulgating the Law on the Protection of Competition and the Prohibition of Monopolistic Practices

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February 1998 NOTICE 27 OF 2011

The Gazette of Uttarakhand

REPUBLIC OF SOUTH AFRICA PERFORMERS PROTECTION AMENDMENT BILL, 2016

STATE CORPORATIONS ACT

Government Gazette Staatskoerant

BERMUDA 2004 : 32 OMBUDSMAN ACT 2004

1 L.R.O Transport Authority CAP. 295A TRANSPORT AUTHORITY

Managing Deviations, & Prevent Irregular, Fruitless & Wasteful Expenditure. 5 June Raymond Esau

STATE CORPORATIONS ACT

The Department of Social Services Act

GOVERNMENT GAZETTE STAATSKOERANT

Government Gazette Staatskoerant

Electoral Development Authority Act No. 1 of Certified on: 25/2/1992. INDEPENDENT STATE OF PAPUA NEW GUINEA. No. 1 of 1992.

ELECTRICITY TRANSMISSION AUTHORITY ACT 1994 No. 64

PLANNING AND BUILDING (JERSEY) LAW 2002

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

CHAPTER 34:03 WATERWORKS

Government Gazette Staatskoerant

THE NATIONAL RAILWAY SAFETY REGULATOR ACT, 2002 (Act No.16 OF 2002)

ACT ARRANGEMENT OF SECTIONS. as amended by

The Department of Tourism and Renewable Resources Act

NOTICE 143 OF 2015 RE-PUBLICATION OF THE DRAFT NATIONAL FORESTS AMENDMENT BILL, 2015 INVITATION FOR PUBLIC COMMENTS

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 5 Cape Town 26 September 2013 No THE PRESIDENCY

Government Gazette Staatskoerant

Government Gazette Staatskoerant

NETCARE LIMITED CORPORATE GOVERNANCE ANTI-CORRUPTION POLICY POLICY NUMBER COR12 CORPORATE GOVERNANCE PREPARED BY PREPARATION DATE JUNE 2014

Prime Ministerial Decree No of 2005 Issuing the executive regulations of Protection of Competition and

BELIZE RECONSTRUCTION AND DEVELOPMENT CORPORATION ACT CHAPTER 193 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

OF THE REPUBLIC OF SOUTH AFRICA

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)

Government Gazette Staatskoerant

Government Gazette Staatskoerant

TERMS AND CONDITIONS OF SALES

ORDINANCE NO THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions.

Government Notices Goewermentskennisgewings

DENTAL THERAPISTS (REGISTRATION, ETC.) ACT

KEN VA GAZETTE SUPPLEMENT

LABOUR RELATIONS AMENDMENT BILL

Supplement No. 18 published with Extraordinary Gazette No. 71 dated 9 th September, 2016.

Government Gazette Staatskoerant

THE PUNJAB SHEHR-E-KHAMOSHAN AUTHORITY ORDINANCE 2017 (III of 2017)

THE PUBL1C-PRIVATE PARTNERSHIP ACT

The Disabled Persons Allowances Act

Act on General Incorporated Associations and General Incorporated Foundations (Tentative translation)

The Ground Water Conservation Act

Government Gazette Staatskoerant

Proclamations Proklamasies

BYLAWS. Horseshoe Irrigation Company. (a Utah Nonprofit Corporation)

NATIONAL ENVIRONMENTAL MANAGEMENT SECOND AMENDMENT ACT

PRIVATE SECURITY INDUSTRY REGULATION AMENDMENT BILL

Built Environment Acts

THE STATUTES OF THE REPUBLIC OF SINGAPORE CONSUMER PROTECTION (FAIR TRADING) ACT (CHAPTER 52A)

EXTRAORDINARY REPUBLIC OF FIJI ISLANDS GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT. Vol. 10 TUESDAY, 14th APRIL 2009 No.

CITATION OF CONSTITUTIONAL LAWS BILL

Transcription:

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority 10505 dated 02 February 1998 2 NO. GOVERNMENT GAZETTE, 4 SEPTEMBER 2008 CONTENTS INHOUD Page Gazette Bladsy Koerant R.35 R. 36 PROCLAMATIONS Special Investigation Units and Special Tribunals Act (74/1996): Referral of matters to existing Special Investigating Unit and Special Tribunal... do.: do... 3 11 R. 35 R.36 PROKLAMASIES Wet op Spesiale Ondersoekeenhede en Spesiale Tribunale (74/1996): Verwysing van aangeleenthede na bestaande Spesiale Ondersoekeenheid en Spesiale Tribunaal...,',... do.: do,... 7 15

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority 10505 dated 02 February 1998 STAATSKOERANT, 4 SEPTEMBER 2008 NO. 3 PROCLAMATION by the President of the Republic of South Africa R. 35, 2008 SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT, 1996 (ACT NO. 74 OF 1(96): REFERRAL OF MATTERS TO EXISTING SPECIAL INVESTlGATlNG UNIT AND SPECIAL TRIBUNAL WHEREAS allegations as contemplated in s(;ction 2(2) of the Spccial Investigating Units clod Special Tribunals Act, 1996 (Act 74 of 1996) (the Act), have been made in respect of the affairs of Mhlatuze Water; AND WHEREAS Mhlatuze Water suffered losses that may be recovered; AND WHEREAS I deem it necessary that the said allegations should be investigated and justiciable civil disputes emanating from such investigation should be adjudicated upon; NOW, THEREFORE, I hereby, tinder section 2(1) of the said Act, refer the matters mentioned in the Schedule for investigation to the Special Investigating Unit established by Proclamation 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 arc to investigate as contemplated in the said Act, any (a) (b) serious maladministration in connection with the affairs of Mhlatuzc Water; improper or unlawful conduct by officers and/or employees of the Mhlatuze

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority 10505 dated 02 February 1998 4 NO. GOVERNMENT GAZETTE, 4 SEPTEMBER 2008 Waler; (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 Part 1 104, 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, and which offences were committed in connection with the affairs of the Mhlatuze Water; or (g) unlawful or improper conduct by any person, which has causcd or may cause serious harm to the interests of the public or any category thcreof, which havc takcn placc bctwccn 1 January 2004 and thc date of publication 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 said Act, in relation to the said matters in the Schedule, for the purpose of the recovery of any losses suffered by Mhlatuze Water. Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twcnly second day of August Two thousand and eight. T,M,MBEKI President By Order of the President-in-Cabinet: B, S, MABANDLA Minister of the Cabinet

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority 10505 dated 02 February 1998 STAATSKOERANT. 4 SEPTEMBER 2008 NO. 5 SCHEDULE 1. The procurement and background to the procurement of services by Mhlatuze Water for the inspection, repair and maintenance of underwater pipes conveying effluent from the Mondi Business Paper Plant into the sea, contrary to applicable legislation or internal prescripts, policy or regulations that regulate such procurement in respect of Mhlatuze Water, and losses suffered by Mhlatuze Water as a result thereof. 2. The procurement and background to the procurement of goods or services from various entities by Mhlatuze Water contrary to applicable legislation or internal prescripts, policy or regulations that regulate such procurement and losses suffered by Mhlatuze Water as a result thereof. 3. Any actual or prospective interest that a member of the governing Board of Mhlatuze Water or employee of Mhlatuze Water may have had in any of the transactions set out in paragraphs 1 and 2 above. 4. The use of advance payments by Mhlatuze Water received from entities for purposes other than those intended by these entities. 5. The failure by Mhlatuze Water to settle contractual obligations within a reasonable period of time and losses suffered by Mhlatuze Water as a result thereof. 6. 'fhe non-compliance with prescribed procurement and tender procedures by Mhlaluze Water. 7. The unlawful or constructive dismissal of staff which resulted in financial prejudice or losses to Mhlatuze Water. X. The use or the resources of Mhlatuze Water by employees of Mhlatuze Water for private business purposes.

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority 10505 dated 02 February 1998 6 GOVERNMENT GAZETTE, 4 SEPTEMBER 2008 <), The financial prejudice and losses suffered by Mhlatuze Water as a result of the sale of houses owned by Mhlatuzc Water. 10. The failure by Mhlatuze Water to rent (lut houses at a market related value and the absence of a control system to ensure that rent in respect of the property was collected by Mhlatuze Water. 11. The fruitless and wasteful expenditure incurred by Mhlatuze Water as a result of (a) (h) (c) a value chain analysis which was conducted by consultants on behalf of Mhlatuze Water, which was never finalised; the collapse of an electronic records management system that was introduced in 2(}03 at Mhlatuze Water; and a project undertaken to value the assets of Mhlatuze Water. 12, Irregular expenditure incurred by Mhlatuze Water in respect of security guards that were appointed to guard the house of the Chief Executive Officer of Mhlatuze Water. 13. Financial prejudice and losses suffered by Mhlatuze Water as a result of excessive spending on travel, accommodation and other expenses by members of the governing Board of Mhlatuze Water.