R23 of 2017 – Gauteng Provincial Department of Health (Mental health care facilities)

“Period of investigation: 1 January 2016 to the date of the proclamation, or after the date of the 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 the authority of this proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said SIU by the Act, including recovery of any losses suffered by the State or the Department in relation to the said matters in the Schedule.
1. The procurement of, or contracting by or on behalf of the Department of the services from the Life Healthcare Esidimeni and 28 entities in whose care mental health care users were entrusted 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 the relevant Provincial Treasury; or (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department; (c) conducted by or facilitated through the improper or unlawful conduct of (i) officials of the Department or officials or employees of the Life Healthcare Esidimeni; or (ii) any other person or entity, to corruptly or unduly benefit themselves or others; or (d) fraudulent, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department of the State.
2. Any unlawful or improper act or omission by (a) officials of the Department or officials or employees of the Life Healthcare Esidimeni; or (b) the owner of, a person in control of, or the staff of, an entity referred to in paragraph 1 of this Schedule, which caused or may have caused serious harm to mental health care users who were entrusted into the care of an entity.”