R59 of 2016 – Greater Sekhukhune District Municipality and the Elias Motsoaledi Local Municipality (“the municipalities”)

1. The procurement of, or, contracting for goods, works or services by or on behalf of the GSDM and payments which were made in respect thereof in a manner that was a)not fair, competitive, transparent, equitable or cost-effective; or b)contrary to applicable i) legislation; ii) manuals, guidelines, circulars, practice notes 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 GSDM, and any related irregular or fruitless and wasteful expenditure incurred by the GSDM or the State in respect of (aa) the supply or delivery of water or water tanking services by or on behalf of the GSDM, inter alia, to the Jane Furse Command 25ML Reservoir, Buffelshoek and the EMLM; (bb) the rendering of professional services in respect of a VAT review, compliance audit or debt collection services; (cc) the construction of the Jane Furse Command 25ML Reservoir (PH1C); (dd) the appointment of Engineering Consultants or the rendering of professional advice or services in respect of technical reports for Project Number: 3/3/1-12/2012/13; or (ee) the rendering of banking services for the GSDM in respect of a Municipal Investment Account held at Std Bank.
2. The procurement of, or, contracting for goods, works or services by or on behalf of the EMLM and payments which were made in respect thereof in a manner that was a)not fair, competitive, transparent, equitable or cost-effective; or b)contrary to applicable i) legislation; ii) manuals, guidelines, circulars, practice notes 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 EMLM, and any related irregular or fruitless and wasteful expenditure incurred by the EMLM or the State.
3. Fraud, corruption, irregularities, malpractices or maladministration in the affairs of the GSDM and EMLM, respectively, regarding the matters referred to in para 1 and 2, including the causes of such fraud, corruption, irregularities, malpractices or maladministration and any losses, damages or actual or potential prejudice suffered by the Municipalities or the State.
4. Any undisclosed or unauthorised interests that councillors, officials or employees of the EMLM may have had with regard to (a) contractors, suppliers or service providers who bid for work or did business with the EMLM or (b) contracts awarded by or on behalf of the EMLM.
5. Maladministration in the affairs of the EMLM in relation to (a) the mismanagement of the finances; (b) the mismanagement of contracts; (c) the failure to comply with the provisions of section 74(1) of the Local Government Municipal Finance Management Act, 2003 (Act No 56 of 2003); and (d) the appointment and promotion of, councillors, officials or employees and the payment of salaries, allowances, increases, bonuses and other forms of remuneration that were not due, owing or payable, and any other related unauthorised, irregular or fruitless and wasteful expenditure incurred by the EMLM, including (i) the causes of such maladministration; and (ii) losses or prejudice suffered by the EMLM or the State as a result of such maladministration.
6. Any improper or unlawful conduct by (a) councillors, officials or employees of the EMLM; (b) contractors, suppliers or service providers of the EMLM; or (c) any other person or entity, relating to the allegations referred to in para 2&3 in so far as the allegations are applicable to the EMLM and par 4&5 of this Schedule.