Special Investigating Unit investigates awarding of degrees at Fort Hare University, vehicle and driver licensing, and three provincial health departments and two municipalities

SIU authorised to investigate the awarding of degrees at Fort Hare University, vehicle and driver licensing, and three provincial health departments and two municipalities

President Cyril Ramaphosa has signed six new and two amended proclamations authorising the Special Investigating Unit (SIU) to investigate allegations of corruption and maladministration in the affairs of Fort Hare University, the National and Provincial Departments of Transport, Limpopo Department of Sports, Arts and Culture, KwaZulu-Natal Provincial Department of Health, Ekurhuleni Metropolitan Municipality, Tlokwe Local Municipality, Mpumalanga Department of Health and Eastern Cape Provincial.
Department of Health.

Amendments
University of Fort Hare
Proclamation 194 of 2024 amends Proclamation No. R.84 of 2022, within the University of Fort Hare. The amendment results from the SIU’s investigations which revealed that the SIU needs to investigate further areas that the existing proclamations did not cover. The SIU requested a Proclamation amendment in terms of time and focus areas. The amendment authorises the SIU to investigate the following areas at the University:
1. The investigation period has been extended to start from 1 January 2004 and no longer 1 November 2012, and the end date will no longer be 5 August 2022 but 04 October 2024.
2. The maintenance of the University’s infrastructure from 1 January 2022 to 31 March 2023; the installation of CCTV cameras and associated security features at the University’s staff village in Alice in the Eastern Cape Province from 18 March 2022 to 2 June 2022; and the refurbishment and
maintenance of student residences at the University’s Alice campus in the Eastern Cape Province
during the year 2009,
3. Capacity Building Program for the Eastern Cape Provincial Legislature.
4. Registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, including Bachelors’ degrees, honours degrees, Masters’ degrees and PhD degrees, or in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University. Without limiting the scope of non-eligibility grounds, this includes persons who did not have the requisite degrees or Matriculation results to enrol for, study for or be awarded the degrees in question.
5. Awarding of degrees, including Bachelors’ degrees, honours degrees, Masters’ degrees and PhD/doctoral degrees, in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the University
6. The appointment of a Head of Department in a manner that was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to, the University.
7. Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University about the Nguni Cattle Development Trust.
8. Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public in the affairs of the University regarding the administration and payment of allowances for food, accommodation, books, stationery, cash and study-related costs to qualifying students
9. Serious maladministration and malpractices, as well as conduct which may seriously harm the interests of the public, in the affairs of the University about the University’s Faculty of Health Sciences about the Albertina Sisulu Executive Leadership Programme in Health and Master of Public Health Programme including the registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, about the Programmes above. Without limiting the scope of non-eligibility grounds, this includes persons who did not have the requisite degrees or Matriculation results to enrol for, study for or be awarded the degrees.

National and Provincial Departments of Transport, local authorities and entities
Proclamation 191 of 2024 amends Proclamation No. R. 37 of 2017 within the National and Provincial Departments of Transport. The SIU requested a time amendment to the proclamation. The proclamation will no longer go back to 1 January 2005 and no longer 1 January 2010, and the investigation period will end on 4 October 2024 and no longer 24 November 2017.

The SIU’s investigation will continue to probe Unlawful or improper conduct by employees, officials or agents of the Institutions or any other person which relates to the following:
• registration and licensing of motor vehicles;
• registration of motor vehicle ownership or licensing details;
• issuing of driving licences, learner's licences or professional driving permits;
• conversion of foreign driving licences and military driving licences to driving licences;
• issuing of roadworthy certificates;
• issuing of operator fitness cards.

2. The entering of, changing, tampering with, or manipulation of data or information on the electronic National Traffic Information System in a manner that was contrary to applicable legislation, manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Institutions; or resulted or could potentially result in the circumvention of the payment of licensing fees, penalties or any other outstanding amounts of money due to the Institutions or the State

New Proclamations
Limpopo Department of Sports, Arts and Culture
Proclamation 192 of 2024 authorises the SIU to investigate maladministration in three areas in the Limpopo Department of Sports, Arts and Culture and recover any loss the department or state has suffered. The SIU investigation will focus on the following:
• irregular staff appointment by the Department within five (5) districts, namely Waterberg, Sekhukhune, Vhembe, Capricorn and Mopani in the position of Assistant Director: Assets Management.
• payments not due or owing or payments made by the Department to entities for services not rendered.
• the 2016/2017 financial year Mapungubwe Arts, Culture and Heritage Festival

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. The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2011 and 04 October 2024, as well as any related activities before 1 January 2011 after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts.

KwaZulu-Natal Provincial Department of Health
Proclamation 193 of 2024 authorises the SIU to investigate allegations of maladministration in the affairs of the KwaZulu-Natal Provincial Department of Health. The probe will look at the procurement of or contracting for healthcare risk waste management services by or on behalf of the Department, determine whether payments made in respect thereof 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.

The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2013 and 04 October 2024, as well as any related activities before 1 January 2013 and after the date of the Proclamation that is pertinent to the matters under investigation or involves the same persons, entities, or contracts.

Ekurhuleni Metropolitan Municipality
Proclamation 195 of 2024 directs the SIU to investigate allegations of serious maladministration in connection with the affairs of the Ekurhuleni Metropolitan Municipality relating to 229 transfers of 221 vacant stands owned by the Municipality in the Villa Liza township, situated in Boksburg on behalf of the Municipality. The investigation seeks to establish whether the transfers are contrary to applicable legislation manuals, guidelines, policies, procedures, practice notes, instructions, prescripts or practices of the Municipality. Furthermore, the probe will ascertain if there is unlawful or improper conduct of the Municipality's employees, officials or agents and (any other person or entity to corruptly or unduly benefit themselves or others). The investigation will probe to see if there was fraudulent conduct, including the causes of such maladministration and any losses, damages or prejudice actually or potentially suffered by the Municipality or the State and any irregular, improper or unlawful conduct by employees or officials of the Municipality or any other person or entity.

The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2002 and 04 October 2024, as well as any related activities before 1 January 2002 and after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts.

JB Marks Municipality, formerly Tlokwe Local Municipality
Proclamation 196 of 2024 authorises the SIU to investigate allegations of serious maladministration in the JB Marks Municipality, formerly Tlokwe Local Municipality in the North West Province. The investigation will focus on the procurement of or contracting for goods, works or services by or on behalf of the Municipality in relation to the construction of a flood line canal next to the N12 provincial road and Ikageng extension 11.

The SIU will look at payments 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 also 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 January 2015 and 04 October 2024, as well as any related activities before 1 January 2015 and after the date of the Proclamation that is pertinent to the matters under investigation or involves the same persons, entities, or contracts.

Mpumalanga Department of Health
Proclamation 197 of 2024 directs the SIU to investigate allegations of maladministration in the affairs of the Mpumalanga Department of Health. The probe will look at the procurement of or contracting for healthcare risk waste management services by or on behalf of the Department, determine whether payments made in respect thereof 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.

The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2014 and 04 October 2024, as well as any related activities before 1 January 2014 and after the date of the Proclamation that is pertinent to the matters under investigation or involves the same persons, entities, or contracts.

Eastern Cape Provincial Department of Health
Proclamation 198 of 2024 directs the SIU to investigate allegations of maladministration in the affairs of the Eastern Cape Provincial Department of Health for 19 tenders. The SIU will probe whether there was any procurement that is not fair, competitive, transparent, equitable, or cost-effective or violates applicable laws, guidelines, or Treasury instructions. This includes fraudulent actions or manipulation of the Department’s supply chain processes by service providers, employees, or third parties to benefit themselves or others, resulting in unauthorised, irregular, or wasteful expenditure. The SIU will also probe any improper or unlawful conduct by Department employees, service providers, or other involved parties that leads to irregularities or misconduct in the Department’s operations.

The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 August 2022 and 04 October 2024, as well as any related activities before 1 August 2022 and after the date of the Proclamation that is pertinent to the matters under investigation or involves the same persons, entities, or contracts.

Beyond investigating maladministration, corruption, and fraud, the SIU will identify systemic failures and recommend 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. The SIU is also authorised under the SIU Act 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 Kganyago
Spokesperson: Special Investigating Unit
082 306 8888
KKganyago@siu.org.za