SIU’s Bold Move: Search and Seizure Operation at JB Marks Municipality Uncovers Potential Maladministration
By Nkosana Khumalo
The Special Investigating Unit (SIU), in collaboration with the Hawks and the South African Police Service (SAPS), launched a search and seizure raid at the JB Marks Local Municipality in North West. This high-profile operation was directed at gathering critical evidence linked to alleged corruption surrounding the construction of the N12 flood line canal project. The SIU took this decisive step after previous requests for voluntary cooperation from the municipality had gone unanswered.
The SIU explained that the search and seizure operation was a “last resort” after repeated unsuccessful attempts to secure documentation voluntarily from JB Marks Local Municipality officials. Since the Presidential Proclamation on 4 October 2024, which authorised an investigation into the municipality’s procurement practices, the SIU has pursued the necessary records to carry out its mandate effectively. However, ongoing resistance from municipal officials forced the unit to seek judicial assistance, resulting in a court-approved warrant to search for and seize pertinent documents and electronic devices.
Background of the Investigation
The SIU’s investigation into JB Marks Local Municipality stems from serious allegations of maladministration and potential corruption related to the municipality’s procurement processes. According to the SIU, the probe specifically focuses on the construction of the N12 flood line canal, a major infrastructure project aimed at improving local flood management and protecting surrounding areas. Allegations suggest irregularities in the contracting process for goods, services, and works tied to the project, raising red flags about transparency and the potential misuse of public funds.
SIU spokesperson Kaizer Kganyago stated, “The search and seizure operation is a necessary measure to access critical documentation for our investigation. The lack of cooperation from JB Marks Local Municipality has made it clear that this approach was unavoidable. We are committed to ensuring accountability and transparency in public administration, particularly where taxpayer money is concerned.”
Items Seized in the Operation
The SIU and the Hawks’ search at JB Marks Local Municipality headquarters yielded a variety of documentation and electronic devices that are expected to provide valuable insights into the financial and operational aspects of the N12 flood line canal project. Items seized include:
• Company registration documents: These will help identify the companies involved in the project and verify their legal status.
• Payment records: Invoices, purchase orders, and remittance advice documents were collected to track financial transactions and assess whether payments were made according to contractual terms.
• Electronic devices: Laptops, mobile phones, and external storage devices belonging to key officials and employees were confiscated for forensic analysis.
• Electronic data: The team secured access to cloud storage accounts, emails, and digital records tied to personnel directly associated with the project.
The information gathered is expected to provide a comprehensive picture of the procurement process and reveal any discrepancies or signs of fraud and maladministration.
Legal Framework and Powers of the SIU
The SIU operates under the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), which grants it broad powers to investigate corruption, fraud, and maladministration within public institutions. Under the SIU Act, the unit is authorised to:
1. Subpoena bank statements and cell phone records to trace financial flows and communications related to alleged corruption.
2. Conduct search and seizure operations to secure physical and electronic evidence.
3. Interrogate witnesses under oath to uncover the full extent of irregular activities.
The SIU’s mandate also includes the power to pursue civil action through the High Court or a Special Tribunal, allowing it to recover funds misappropriated through corrupt activities. Furthermore, any criminal evidence uncovered during the investigation will be handed over to the National Prosecuting Authority (NPA) for possible criminal prosecution.
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