SIU, Hawks, and SAPS
By Mpho Moloi
The Special Investigating Unit (SIU), in collaboration with the Hawks and the South African Police Service (SAPS), conducted a comprehensive search and seizure operation at the Masilonyana Local Municipality in the Free State. The operation, carried out as part of an ongoing investigation, focuses on allegations of maladministration tied to two significant tenders managed by the municipality.
The tenders under scrutiny involve the refurbishment of the Brandfort Water Treatment Works and Raw Water Pump Stations, as well as the upgrading of the Brandfort Sport Centre Phase II. Both projects are critical to local infrastructure development and service delivery, yet allegations of corruption and irregularities have overshadowed their progress.
Focus of the Investigation
According to the SIU, the investigation aims to uncover whether municipal officials, service providers, or other involved parties have unduly benefited themselves or others, leading to unauthorized, irregular, fruitless, or wasteful expenditure. The allegations further suggest potential financial losses for the municipality due to these activities.
In its official statement, the SIU explained:
“The investigation focus also seeks to establish whether municipal officials, service providers, or any other involved parties unduly benefit themselves or others, leading to unauthorized, irregular, or fruitless and wasteful expenditure or financial losses for the municipality.”Search and Seizure: A Necessary Step
The SIU highlighted that the search and seizure operation became a last resort after multiple attempts to access the necessary documents voluntarily were ignored by the municipality. Following the proclamation of the investigation on 13 September 2024, the SIU repeatedly sought cooperation from the municipality, to no avail. This lack of responsiveness prompted the SIU to seek court intervention to obtain a warrant enabling the seizure of key evidence.
In its statement, the SIU elaborated:
“This lack of cooperation prompted the SIU to seek the court’s assistance in securing a warrant to search and seize pertinent documents and electronic equipment.”Materials Seized During the Operation
The search operation resulted in the confiscation of a range of materials deemed essential to the investigation. These include:
• Company registration documents relevant to the tenders.
• Payment records, such as invoices, purchase orders, and remittance advice.
• Electronic devices, including laptops, mobile phones, and external storage devices used by officials and employees linked to the tenders.
• Electronic data, including emails and cloud storage information associated with personnel under investigation.
The SIU noted that these materials would be instrumental in uncovering potential wrongdoing, ensuring accountability, and pursuing corrective action where necessary.
Legal Framework and Investigative Powers
The SIU operates under the authority granted by the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act). This legislation empowers the SIU to:
• Subpoena bank statements and cell phone records.
• Conduct searches and seize evidence.
• Interrogate witnesses under oath.
• Institute civil litigation in the High Court or Special Tribunal to recover misappropriated funds.
In addition, any evidence of criminal conduct uncovered during the investigation will be referred to the National Prosecuting Authority (NPA) for further action.
Broader Implications for Governance and Accountability
The Masilonyana Local Municipality has been a focal point of concern regarding allegations of maladministration and corruption. This latest development underscores the SIU’s commitment to holding public officials and entities accountable for the mismanagement of public resources.
The two projects under investigation are critical to the well-being of the local community, particularly in addressing water infrastructure challenges and providing adequate sports facilities. Any delays or mismanagement of these tenders not only compromise service delivery but also erode public trust in government institutions.
Public Interest and Next Steps
As the investigation progresses, the SIU is expected to analyze the seized materials and pursue further lines of inquiry, including the interrogation of individuals linked to the tenders. Should evidence of corruption or maladministration be confirmed, those implicated could face civil litigation, criminal prosecution, or both.
The SIU reiterated its commitment to ensuring accountability, stating:
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