* Please note that this information encompasses financial years from 2020 to 2024 only
PROCLAMATIONS
TIMEFRAMES
PROJECT STATUS
Stage 2: Detailed investigation
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INTRODUCTION
On 6 November 2020, Proclamation No. R.32 of 2020 was published. Under this proclamation, President Cyril Ramaphosa authorised the Special Investigating Unit (SIU) to investigate allegations of maladministration in the affairs of the NLC and to recover any loss that the NLC or state has suffered.
The investigation covers the period from 1 January 2014 to 6 November 2020, where the SIU will probe the investment of funds from the National Lottery Distribution Trust Fund, established under section 21 of the Lotteries Act, No. 57 of 1997, in violation of the applicable provisions of the Lotteries Act. The SIU will also investigate the allocation of money from the Fund to beneficiaries who were not entitled to receive it under the relevant provisions of the Lotteries Act of 1997.
Furthermore, the SIU will probe any improper or unlawful conduct by the officials or employees of the NLC, or any other person or entity, including the causes of such improper or unlawful conduct and any losses, damage or actual or potential prejudice suffered by the NLC or the State.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
26 August 2022
PROJECT STATUS
Stage 2: Detailed investigation ongoing
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INTRODUCTION
1. Maladministration in the affairs of the NSFAS in relation to:
a) management of the finances of the NSFAS; and
b) the allocation of loans, bursaries and any other funding payable to students in terms of the provisions of the National Student Financial Aid Scheme Act, 1999, Act No 56 of 1999, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the NSFAS or the State including the causes of such maladministration.
2. Any unlawful or improper conduct by employees or officials of the NSFAS or the service providers in question, their employees or any other person or entity, relating to the allegations set out in paragraph 1 of this Schedule.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
6 April 2018
PROJECT STATUS
Stage 2: Detailed investigation ongoing
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INTRODUCTION
Not available
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
6 April 2018
PROJECT STATUS
Stage 2: Detailed investigation ongoing
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INTRODUCTION
1. The contracting for or procurement of a) coal; b) coal transportation services; c) diesel; d) cloud computing services; e) software licenses and support services; f) engineering and project management consulting services in respect of Contract Number: 4600061859 and Contract Number: 4600062636 by Eskom; g) goods, works and services by Eskom’s Kusile, Medupi, Kendal, Matla, Duhva, Arnot, Tutuka and Grootvlei power stations as well as Eskom’s Head Office situated at Megawatt Park in Johannesburg; h) contract number 4600062450 for information technology and related services and any subsequent extensions or amendments thereof; and i) fuel oil supply contracts, and payments made in respect thereof in a manner that was i) not fair, competitive, transparent, equitable or cost-effective; or ii) contrary to applicable aa) legislation; bb) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; cc) manuals, policies, procedures, prescripts, instructions or practices of or applicable to Eskom; iii) conducted by or facilitated through the improper conduct of aa) employees, officials or agents of Eskom; or bb) any other person or entity, to corruptly or unduly benefit themselves or others; iv) fraudulent, and any related irregular or fruitless and wasteful expenditure incurred by Eskom or the State.
2. Maladministration in the affairs of Eskom and any losses or prejudice suffered by Eskom or the State as a result of such maladministration in relation to the a) Medupi Power Station project; b) Kusile Power Station project; c) Ingula Pumped Storage Scheme; and d) high voltage transmission projects associated with the Medupi Power Station project, Kusile Power Station project and Ingula Pumped Storage scheme, including the causes of such maladministration and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Eskom or the State.
3. Any non-performance or defective performance by the Service Providers appointed by Eskom or the agents of such service providers in respect of 2a,b,c and d, including the causes of such non-performance or defective performance.
4. The appointment of McKinsey, Trillian and Regiment Capital to render services to Eskom and payments made in respect thereof in an unlawful manner and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by Eskom or the State.
5. Any undisclosed or unauthorised interests which employees, officials or agents of Eskom may have had in contractors, suppliers or service providers bidding for work or doing business with Eskom or to whom contracts were awarded by Eskom and the extent of any actual or potential benefits derived directly or indirectly by such employees, officials or agents from such undisclosed or unauthorised interests.
6. Any undisclosed or unauthorised interests which employees, officials or agents of Transnet may have had in contractors, suppliers or service providers bidding for work or doing business with Eskom or to whom contracts were awarded by Eskom and the extent of any actual or potential benefits derived directly or indirectly by such employees, officials or agents from such undisclosed or unauthorised interests.
7. Any unlawful or improper conduct by any person or entity, in relation to the allegations in the Schedule.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
1 September 2017
Completed
INTRODUCTION
1. The procurement of, or contracting for goods, works or services by or on behalf of the SABC from Lornavision (Pty) Ltd, Vision View Productions CC, Sekela Xabiso CA Incorporated, Lezaf Consulting CC, Gekkonomix (Pty) Ltd (trading as Infonomix), Asante Sana (Pty) Ltd, Foxton Communicating (Pty) Ltd and Mott Macdonald (Pty) Ltd and Mafoko Security Patrols (Pty) Ltd and payments made in respect thereof in a manner that was (a) not fair, equitable, transparent, competitive or cost-effective; (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, circulars, practice notes or instructions issued by the National Treasury; or (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the SABC;
2. Maladministration in the affairs of the SABC and any losses or prejudice suffered by the SABC or the State as a result of such maladministration in relation to (a) the mismanagement of the finances, rights, assets or liabilities of the SABC; (b) the selling of assets or rights which were owned by the SABC which was not to the advantage of the SABC; (c) business transactions that were concluded by or on behalf of the SABC and which were not viable or to the advantage of the SABC; (d) the irregular appointment and promotion of staff; or (e) the payment of salaries, increases, bonuses and other forms of remuneration that were not due, owing or payable or were made in a manner that was contrary to applicable (i) legislation; or (ii) manuals, policies, procedures, directives, instructions or practices of or applicable to the SABC, including the causes of such maladministration and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the SABC or the State.
3. Any undisclosed or unauthorised interest that certain members of the personnel of the SABC may have had with regard to (a) contractors, suppliers or service providers who bid for work or did business with the SABC; or (b) contracts awarded by or on behalf of the SABC.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
5 July 2019
Completed
INTRODUCTION
1. Maladministration and/or irregular, improper or unlawful conduct in connection with the affairs of the Department or the IDT in relation to a) the construction of the Limpopo High Court, Mpumalanga High Court, the Plettenberg Bay Magistrate’s Court, the Booysens Magistrate’s Court, the Richards Bay Magistrate’s Court, the Goodwood Magistrate’s Court, the simunye Magistrate’s Court and the Tsineng Periodical Court; b) the acquisition of land for the Mpumalanga High Court; c) the number of court rooms which were built during the construction of the Plettenberg Bay Magistrate’s Court; d) the procurement and provision of i) court room furniture; or ii) goods or services; or e) contract and performance management, including any failure to act or to act timeously against any professional consultants, agents, contractors, suppliers or service providers for any non-performance, poor performance, defective performance or late performance in respect of goods, works or services delivered, performed or rendered in terms of para a), b), or c). in terms of the “Construction of New Courts Programme” of the Department and any related, unauthorised, irregular or fruitless and wasteful expenditure which the Department or the State incurred or may incur as a result thereof, including the causes of such i) maladministration and/or irregular, improper or unalwful conduct; and ii) unauthorised, irregular or fruitless and wasteful expenditure.
2. Any non-performance, poor performance, defective performance or late performance by the IDT, or professional consultants, agents, contracts, suppliers or service providers appointed by the IDT, in respect of goods, works or services delivered, performed or rendered in terms of paragraph 1a,b,c or d above and any losses or damages which the Department or the State suffered or may suffer as a result thereof. 3. The acquisition of land for the Mpumalanga High Court in a manner that was a) not fair……… and any related unauthorised, irregular or fruitless and wasteful expenditure which the Department or the State incurred as a result thereof. 4. Any unlawful, improper or irregular conduct by a) the Department, the IDT, their officials, employees or agents or any other person relating to the allegations set out in paragraphs 1-3 above; or b) the contractors, suppliers or service providers, their directors, employees, contractors, sub-contractors or agents appointed by the IDT relating to the allegations set out in paragraph 2 above.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
29 March 2019
Completed
INTRODUCTION
1. The procurement of or contracting of goods, works or services by or on behalf of the NHLS and payments which were made in respect thereof in a manner that was a) not fair, equitable, transparent, competitive or cost-effective; or b) contrary to applicable i) legislation; ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or iii) manuals, codes, guidelines, policies, procedures, prescripts, instructions or practices of, or applicable to the NHLS and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the NHLS or the State in relation to aa) the provision of end user computer hardware and related maintenance and support services for a period of 3 years in terms of Tender RFB 027/15-16; bb) the provision of multi-protocol label switching wide area network (MPLS WAN) service to the NHLS for a period of 3 years in terms of Tender RFB 030/15-16; cc) the leasing of motor vehicles for the NHLS for a period of 5 years in terms of Tender RFP 001/15-16; dd) the replacement of water, sewer and drainage pipes in terms of Tender RFP1455602; ee) the renovation of the library at the National Institute of Occupational Health in Braamfontein in terms of Tender RFQ 1438906; ff) the renovation of the virology laboratory at Charlotte Maxeke Academic Hospital in terms of Tender RFQ 1481824; gg) the renovation of toilets at the National Institute for Communicable Diseases in terms of Tender RFQ 0695750; hh) professional services for the construction of a refectory at the National Institute for Communicable Diseases in terms of Tender RFQ 1409815; ii) professional services for the design, project management and the certification of renovations and structural changes to the Ermelo Laboratory in terms of Tender RFQ 706002; jj) the replacement of the waterproofing at the Centre fro Enteric Diseases in terms of Tender RFQ 0961241; kk) the renovation of the Centre for Respiratory Diseases and Meningitis in terms of Tender RFQ 1486702; ll) professional services for the design, project management and the certification of renovations and structural changes to the Diagnostic Media Products Building in terms of Tender RFQ 1351823; and mm) the construction of a kitchen and function area in terms of Tender RFB031/16-17, which was re-advertised as Tender RFB062/15-16.
2. Any unlawful or improper conduct by the employees or officials of the NHLS or applicable service providers, or any other person or entity in relation to the allegations set out in paragraph 1 of this Schedule.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROJECT STATUS
Stage 2: Detailed investigation ongoing
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INTRODUCTION
1. For purposes of this schedule the expression “legal services” must be interpreted to include legal advisory services; litigation services; appointment of legal practitioners to render legal advisory or litigation services; any professional service required for legal or litigation purposes, including the appointment of any intermediary or subject matter expert; and support services for legal or litigation purposes, including the appointment of any intepreter, transcriber or tracer.
2. Maladministration in connection with the affairs of the OSA in relation to a) legal services that were provided, or procured, by the OSA in the performance of its functions as contemplated in section 3 of the OSA Act 1957 on behalf of i) the Gauteng Dept of Health and the Eastern Cape Dept of Health in respect of claims based on medical negligence; or ii) the SAPS in respect of claims based on wrongful arrest or detention, assault or malicious prosecution; or b) the verification, approval or processing for payment of any invoice or account received in relation to legal services provided or procured in terms of paragraph a).
3. The procurement of legal services, as contemplated in paragraph 2a) of the Schedule by the OSA or payments which were made in respect thereof in a manner that was unlawful and any related unauthorised, irregular or fruitless and wasteful expenditure which the Department or the State incurred as a result thereof.
4. Any unlawful or irregular conduct by a) employees or officials of the OSA; or b) any other person or entity relating to the allegations set out in paragraph 2 or 3 above.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
30 July 2010
Completed
INTRODUCTION
The incurrence of irregular expenditure and/or fruitless and wasteful expenditure and payment of expenditure not due, owing or payable.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
15 April 2016
PROJECT STATUS
Stage 2: Detailed investigation ongoing
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INTRODUCTION
No description available
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
14 February 2014
Completed
INTRODUCTION
(a) Any reference to (a) “contracting” includes but is not limited to, any negotiation processes involving a contract, the conclusion and signing of a contract and any novation, renewal, extension or amendment of the contract; (b) “the ICT systems/projects” means (i) the e-Cadastre project and the e-Cadastre system for the DRDLR; (ii) the Deeds Registries System for the DRDLR; (iii) the Enterprise Architecture product for the DRDLR; (iv) the Regularity Impact Assessment for the DRDLR; (v) a BPR project for the DRDLR; and (vi) the back scanning of records of the DRDLR into microfilm images for the DRDLR database individually or collectively, as the context may require or as may be applicable; ( c) “the institutions” means the DRDLR and the SITA, individually or collectively, as the context may required or as may be applicable; and (d) “the institutions’ suppliers and service providers” includes any consultants, contractors, subcontractors, suppliers or service providers of the institutions.
Theft, fraud, corruption or maladministration in the affairs of the DRDLR in relation to the lodging and processing of deeds on the Deeds Registration System of the Pretoria, Johannesburg, Cape Town, Vryburg and Bloemfontein Deeds Registries or in the processes of requesting for or the giving-out of deeds information, in a manner that was contrary to applicable (a) legislation; or (b) manuals, guidelines, policies, procedures, practice notes, instructions, prescripts or practices of or applicable to the DRDLR including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the DRDLR or the State.
The procurement of and contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects by or on behalf of the Institutions and payments made in relation thereto, in a manner that was (a) not fair, equitable, transparent, competitive or cost-effective; or (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes or instructions issued by the National Treasury or the applicable Provincial Treasuries; or (iii) manuals, guidelines, codes, policies, procedures, instructions or practices of, or applicable to the Institutions; Losses or prejudice actually or potentially suffered by the Institutions as a result of the mismanagement of the assets, finances or other resources in respect of the ICT systems/projects, including any (a) overspending, mismanagement, misspending or misappropriation of funds; (b) payments which were made to agents of the Institutions or the Institutions’ suppliers and service providers (i) prematurely; (ii) despite non-performance, uncertified, incomplete or poor quality performance or defective performance; (iii) despite late performance; or (iv) in excess of amounts agreed or tendered or at rates disproportionate to the value, nature or scope of goods, works or services supplied or rendered; ( c) payments made for goods not supplied or works or services not rendered; or (d) duplication of payments.
Losses or prejudice actually or potentially suffered by the Institutions as a result of unlawful conduct or irregular practices of the personnel or agents of the Institutions, the Institutions’ suppliers and service providers or third parties in respect of the ICT systems/projects, including any premature, false or inflated claims for payment.
The incurrence of unauthorised expenditure, irregular expenditure, fruitless and wasteful expenditure or expenditure not due, owing and payable, as a result of payments which were made by the Institutions to the agents of the Institutions, the Institutions’ suppliers and service providers or third parties for or in respect of the ICT systems/projects.
Fraud, corruption or maladministration regarding the affairs of the Institutions in respect of the ICT systems/projects in respect of (a) budget preparations, the allocation, implementation or use of the applicable budgets or budget items, including but not limited to any overspending or misappropriation of the applicable budgets or budgeted items; (b) supply chain management policies; ( c) procurement processes; (d) contract management, including but not limited to (i) contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects; (ii) the monitoring, management or verification of goods delivery, services rendered or works performed or any failure in this regard; (ii) the monitoring, management or verification of the quality and /or quantity of goods delivered, services rendered or works performed or any failure in this regard; (iv) any breach of contract, late performance, enforcement of contracts or cancellation of contracts; or (e) logistics management, including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the Institutions or the State.
The failure of the Institutions to (a) recover premature or excessive payments made to agents of the Institutions or the Institutions’ suppliers and service providers; or (b) collect monies due, owing and payable to the Institutions, for or in respect of the ICT systems/projects. Unlawful or irregular conduct by agents of the Institutions, the Institutions’ personnel, suppliers and service providers or third parties relating to any one or more of the allegations set out above, and any loss, damage or prejudice actually or potentially suffered by the State or Institutions as a result thereof.
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
PROCLAMATIONS
TIMEFRAMES
Start Date:
Predicted End Date:
24 November 2017
Completed
INTRODUCTION
1. Unlawful or improper conduct by employees, officials or agents of the institutions or any other person which relates to the a) registration and licensing of motor vehicles; b) registration of motor vehicle ownership or licensing details; c) issuing of driving licences, learner’s licences or professional driving permits; d) conversion of foreign driving licences and military driving licences to driving licences; e) issuing of roadworthy certificates; or f) 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 a) was contrary to applicable legislation, manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Institutions; or b) resulted or could potentially result in the circumvention of the payment of licensing fees, penalties or any other outstanding monies due to the Institutions or the State
DOCUMENTATION
MEDIA AND TIMELINES
OUTCOMES
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