On Thursday, 31 October 2024, the Grahamstown Magistrate Court granted the Special Investigating Unit (SIU) a warrant to search the premises of the Makana Local Municipality, Eastern Cape, and seize evidence that might assist with an ongoing investigation.

At 9 am on Friday, 01 November, the SIU, assisted by the Directorate for Priority Crimes Investigation, commonly known as the Hawks, entered the municipality’s premises to collect evidence that is in line with Proclamation 207 of 2024 authorised the SIU to investigate allegations of serious maladministration.

The SIU and Hawks collected documentation and equipment required for audit or compliance purposes concerning successful tenders from January 1, 2019, to October 18, 2024, as stipulated in Proclamation 207 of 2024. This includes comprehensive records such as company registration documents, all forms of payment documentation (invoices, purchase orders, remittance advice), and devices—such as laptops, mobile devices, external storage, or media used by relevant committees, officials, or employees. The documentation also extends to any electronic data stored on these devices, including emails and cloud storage, covering current and outdated devices associated with specific personnel and posts.

The application for a search and seizure followed the signing of Proclamation 207 of 2024 by President Cyril Ramaphosa, which authorised the SIU to investigate allegations of serious maladministration in the affairs of the Makana Local Municipality involving seven tenders, which was gazetted two weeks ago. The SIU’s investigation will look into:

• Makana Bulk Sewer Upgrade Phase 1
• Professional Engineering services for groundwater development project.
• Implementing Agents for water conservation and demand management.
• Re-appointment of MBB Consulting for water conservation and demand management.
• Electrification of the greater Makana and surrounding areas 11KV Line Project.
• Host municipal emails and provide internet services.
• Operate and manage the Makana burning landfill site for six months.

The SIU has reason to believe that a normal route of requesting information and documents would not have yielded positive results. Hence, it was deemed necessary to approach the Grahamstown Magistrate Court for a search warrant to seize documents and computers to assist with the ongoing investigation.

Upon the receipt of the allegations, the SIU engaged the Municipality seeking documents that would help assess the merit of the allegations and help prepare a motivation for a proclamation. However, the municipality did not cooperate with the SIU’s request. The SIU engaged the Auditor General of South Africa (AGSA), as the office was auditing the municipality at the time. The AGSA indicated that the municipality failed to furnish it with documents.

The SIU is empowered by the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act) to subpoena bank statements and cell phone records, search and seize evidence, and interrogate witnesses under oath to thoroughly investigate allegations brought before it.

The SIU is also empowered to institute civil action in the High Court or a Special Tribunal to correct any wrongdoing uncovered during investigations caused by acts of corruption, fraud or maladministration. In line with the SIU Act, the SIU will refer any evidence pointing to criminal conduct it uncovers to the National Prosecuting Authority for further action.

Enquiries: Kaizer Kganyago

Spokesperson: Special Investigating Unit

Cell: 082 306 8888

E-mail: KKganyago@siu.org.za