The Special Investigating Unit (SIU) is expected to conduct investigations into the affairs of the African Exploration Mining and Finance Corporation (AEMFC) and, in a separate probe, that of the Dihlabeng Local Municipality in the Free State.
This after President Cyril Ramaphosa signed two proclamations authorising the corruption busting unit to conduct the investigations.
At the AEMFC, the SIU will probe allegations of serious maladministration related to six tenders.
“The probe will also examine whether the payments for these contracts adhered to national treasury guidelines and ascertain whether the payments were irregular, fruitless, and wasteful expenditures or financial losses for the department or the state.
“The investigation will probe whether fraudulent conduct occurred, including the causes of such maladministration, any losses, damages, or prejudice actually or potentially suffered by AEMFC or the State, and any irregular, improper, or unlawful conduct by employees or officials of the AEMFC or any other person or entity,” the SIU said.
The unit added that it will also investigate whether there is “unlawful or improper conduct of the AEMFC employees, officials or agents and any other person or entity to corruptly or unduly benefit themselves or others”.
“The Proclamation covers allegations of unlawful and improper conduct that occurred between 1 January 2016 and 01 November 2024, as well as any related activities before 1 January 2016 after the date of the Proclamation that is pertinent to the matters under investigation or involve the same persons, entities, or contracts,” the unit added.
Dihlabeng Local Municipality
The investigation at the Dihlabeng Local Municipality is related to a tender for the supply, delivery and installation of two 40m high-mast lights.
“The SIU probe will examine whether the procurement and contracting were made in a manner that was not fair, competitive, transparent, equitable, or cost-effective or in violation of applicable legislation, guidelines, or instructions from the National or Provincial Treasury.
“This includes the municipality or the state’s unauthorised, irregular, or wasteful expenditure. The probe will also look at any irregular, unlawful, or improper conduct by officials or employees of the Municipality, its suppliers or service providers, or any other person or entity implicated,” the corruption busting unit explained.
This proclamation covers the period from 1 January 2016 to 1 November 2024 “as well as any related activities before 1 January 2016 and after the date of the Proclamation that are pertinent to the matters under investigation or involve the same persons, entities, or contracts”.
“Beyond investigating maladministration, corruption, and fraud, the SIU is committed to identifying systemic failures and recommending measures to prevent future losses.
“In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority for further action.
“The SIU is also authorised under the SIU Act to initiate a civil action in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation resulting from acts of corruption, fraud, or maladministration,” the SIU said. – SAnews.gov.za
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What is Fraud? “Fraud” is any activity that relies on deception in order to achieve a gain. Fraud becomes a crime when it is a “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment” (Black’s Law Dictionary). In other words, if you lie in order to deprive a person or organization of their money or property, you’re committing fraud.