Question NW2523 to the Minister of Justice and Correctional Services
17 August 2023 - NW2523
Herron, Mr BN to ask the Minister of Justice and Correctional Services
(1) With regard to the findings of the Special Investigating Unit (SIU), as reported in the Final Consolidated Report for Proclamation R23 of 2020, dated 10 December 2021, in particular the findings of the SIU on the City of Cape Town (CCT) (details furnished), what progress has been made by the SIU regarding instructions to the State Attorney; (2) whether any civil action has been instituted following the report of the SIU; if not, why not; if so, (a) on what date and (b) what is the current status of such action; (3) whether the SIU informed the CCT that the (a) expenditure was regarded as irregular and (b) service provider profited excessively; if not, why not, in each case; if so, on what date was the CCT informed; (4) whether the SIU had directed and/or expected of the City Manager (CM) to take any steps; if not, what is the position in this regard; if so, what steps (5) whether the SIU report found that the CM had taken the specified steps; if not, what are the consequences set out in the report of not taking the steps; if so, on what date did the SIU find that the CM took the steps?
Reply:
(1) With regard to the findings of the Special Investigating Unit (SIU), as reported in the Final Consolidated Report for Proclamation R23 of 2020, dated 10 December 2021, in particular the findings of the SIU on the City of Cape Town (CCT) (details furnished), what progress has been made by the SIU regarding instructions to the State Attorney;
The SIU briefed the Office of The State Attorney, who in turn briefed suitable Senior Counsel on 25 November 2022.
(2) whether any civil action has been instituted following the report of the SIU; if not, why not; if so, (a) on what date and (b) what is the current status of such action;
Papers have been drafted and the institution of civil proceedings is imminent. Whereas the SIU is currently involved in discussions with the CCT’s attorneys regarding certain technical issues pertaining to the proceedings, this will not preclude the institution of the proceedings.
(3) whether the SIU informed the CCT that the (a) expenditure was regarded as irregular and (b) service provider profited excessively; if not, why not, in each case; if so, on what date was the CCT informed;
The CCT and/or its attorneys are aware of the SIU’s findings in the above regard. In view of the pending institution of litigation and the related current discussions between with the SIU and CCT’s attorneys, the disclosure of further detail is considered confidential at this stage.
(4) whether the SIU had directed and/or expected of the City Manager (CM) to take any steps; if not, what is the position in this regard; if so, what steps
The SIU has not directed and/or pertinently required of the City Manager to take any specific steps.
(5) whether the SIU report found that the CM had taken the specified steps; if not, what are the consequences set out in the report of not taking the steps; if so, on what date did the SIU find that the CM took the steps?
As indicated above, the SIU has not directed and/or pertinently required of the City Manager to take any specific steps.