SIU
By Thabo Mosia
President Cyril Ramaphosa has signed four new proclamations, granting the Special Investigating Unit (SIU) the authority to probe allegations of maladministration and corruption in key state and municipal projects. The proclamations, issued under the Special Investigating Units and Special Tribunals Act, cover allegations of corruption, financial mismanagement, and irregular procurement at the Airports Company of South Africa (ACSA), the Gauteng Department of Sport, Arts, Culture, and Recreation, the eThekwini Metropolitan Municipality, and the Ngqushwa Local Municipality in the Eastern Cape.
These investigations aim to uncover any improper conduct, identify systemic failures, and hold accountable those involved in wrongdoing. This move reflects the government’s continued commitment to tackling corruption and ensuring accountability in state-owned entities and municipal operations.
Proclamation 228: Airports Company of South Africa (ACSA)
Proclamation 228 of 2024 mandates the SIU to investigate allegations of financial mismanagement and irregularities in interest rate swap agreements at ACSA. The focus of the investigation is on agreements made with various banks, as highlighted in the Judicial Commission of Inquiry into State Capture.
The investigation will scrutinise allegations of:
• Unlawful appropriation or expenditure of public funds.
• Irregular or unapproved transactions involving state property.
• Intentional or negligent loss of public funds.
• Violations of the Prevention and Combating of Corrupt Activities Act of 2004.
The scope includes all incidents that occurred between 1 January 2008 and 22 November 2024, as well as related activities before and after these dates. This broad timeline ensures the SIU can address longstanding issues while examining potential ongoing misconduct.
Proclamation 225: Gauteng Department of Sport, Arts, Culture, and Recreation
Proclamation 225 of 2024 authorises an investigation into allegations of maladministration in two specific contracts handled by the Gauteng Department of Sport, Arts, Culture, and Recreation:
1. The supply and installation of a surveillance CCTV and monitoring system at Surrey House in 2019.
2. The Heritage Day Social Cohesion Carnival hosted by the Department in 2019.
The SIU will determine whether the procurement processes adhered to national treasury guidelines and whether payments made were irregular, fruitless, or wasteful. The investigation will also assess if these actions led to financial losses for the department or the state.
The investigation covers incidents occurring between 1 January 2019 and 22 November 2024, as well as related activities outside this period if relevant.
Proclamation 226: eThekwini Metropolitan Municipality
Proclamation 226 focuses on the procurement of security and VIP protection services by the eThekwini Metropolitan Municipality. Allegations include irregularities in the tendering process, unfair awarding of contracts, and failure of service providers to meet contractual obligations.
The investigation will examine whether the procurement process was fair, transparent, and competitive. Additionally, it will scrutinise the conduct of municipal employees, officials, or agents, and any third parties who may have unduly benefited from the process.
This probe covers incidents dating back to 1 January 2004, ensuring that both historical and recent allegations are addressed. The SIU will also investigate any related activities that occurred after 22 November 2024.
Proclamation 227: Ngqushwa Local Municipality
Proclamation 227 targets procurement and contracting irregularities in the Ngqushwa Local Municipality, specifically regarding:
1. The upgrade and completion of the New Creation Sports Field.
2. The procurement of a mayoral luxury SUV.
The SIU will assess whether these contracts adhered to procurement laws, including fairness, competitiveness, transparency, and cost-effectiveness. It will also examine any unauthorised, irregular, or wasteful expenditure and investigate officials or service providers involved in misconduct.
The investigation focuses on incidents from 1 January 2019 to 22 November 2024, with provisions to include activities outside this timeline if they relate to the issues under scrutiny.
The SIU’s Role in Combatting Corruption
The SIU’s mandate under these proclamations extends beyond investigating corruption and maladministration. The unit will identify systemic failures in governance and recommend measures to prevent future losses.
As part of its investigative powers, the SIU can:
• Refer evidence of criminal conduct to the National Prosecuting Authority (NPA) for further action.
• Initiate civil proceedings in the High Court or Special Tribunal to recover funds lost through corruption or fraud.
Kaizer Kganyago, spokesperson for the SIU, stated, “These investigations are crucial in restoring public trust and ensuring that public funds are used responsibly and transparently. The SIU remains committed to fulfilling its mandate and supporting efforts to root out corruption.”
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