SIU awaiting a presidential proclamation on the City of Joburg investigation

The SIU received correspondence from the Presidency on the matter, but can only start investigating once Zuma issues a proclamation that must also be gazetted.


The Special Investigating Unit (SIU) has acknowledged it has received correspondence from the Presidency with regards to a complaint laid by suspended City Ombudsman Adv Sduduzo Gumede.

Gumede had written to the Presidency asking that a commission of inquiry be established to investigate maladministration and irregular procurement decisions taken by the DA-led City of Joburg.

Gumede had, prior to the request being made, been suspended by the City of Joburg for maladministration.

The director-general in the Presidency, Dr Cassius Lubisi, had responded to Gumede’s request by informing him that, according to Section 2(1), the Special Investigating Unit and Special Tribunal Act (1996), the President has referred the matter to the SIU.

South African President Jacob Zuma remains dogged by corruption scandals

South African President Jacob Zuma remains dogged by corruption scandals

Among other reasons for the referral of the matter to the SIU, Lubisi mentioned the grounds for investigation could be serious maladministration in connection with the affairs of the institutions, improper or unlawful conduct by employees, official or agents of the institutions and unlawful appropriation or expenditure of public money or property.

READ MORE: Suspended Joburg ombudsman slapped with extra charges as the office faces closure

The SIU has informed The Citizen the president has to issue a proclamation that must be gazetted before the unit can commence with investigation into the affairs of the City of Johannesburg.

“The SIU has received the correspondence [from the SIU]… The SIU legislation requires that we obtain a proclamation signed by the President and gazetted prior to the commencement of any investigation. As such, the SIU is attending to this matter and where applicable will liaise other relevant law enforcement agencies,” said Nazreen Pandor, the head of communications and stakeholder management at the SIU.

Since April 2016  President Zuma issued 17 proclamations that were gazetted for investigations into several national and provincial governments.

Those investigations are “active” according to the information on the SIU website. Nine were issued between April and December 2016, while eight were issued between February and November 2017.

Advocate Sduduzo Gumede, the suspended City of Joburg Ombudsman

Advocate Sduduzo Gumede, the suspended City of Joburg Ombudsman

Local authorities currently being probed include Msunduzi Local Municipality, Amahlathi Local Municipality, Mopani District Municipality, Harry Gwala District Municipality, Thabazimbi Local Municipality and Alfred Nzo Local Municipality.

Provincial departments currently probed include the department of social development in the Eastern Cape, KwaZulu-Natal department of rural development and agriculture and the department of human settlements in Gauteng.

Meanwhile, the disciplinary hearing against suspended group executive director of corporate and shared services in the City of Joburg, Molaudi Khutsoane, will take place on the 8 and 9th of November at Bowman Gilfillan Inc. offices in Sandton with Adv Mzungulu Mthombeni as the presiding officer.

Khutsoane’s charge sheet contains transgressions similar to those Gumede will have to answer to on the 11 to 13th December at the same law firm.

http://https://www.citizen.co.za/news/south-africa/exclusive-mashaba-recycles-top-law-firms-after-giving-legal-opinion-he-doesnt-like/

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