SIU Collects Evidence in Makana Local Municipality Maladministration Allegations.


Grahamstown: The Special Investigating Unit (SIU) has searched and collected evidence related to allegations of serious maladministration at the Makana Local Municipality in the Eastern Cape. This action followed the acquisition of a warrant that permitted the SIU to search the municipality’s premises on Thursday.

According to South African Government News Agency, at 9 am on Friday, 01 November, the SIU, assisted by the Directorate for Priority Crimes Investigation, commonly known as the Hawks, entered the municipality’s premises to collect evidence in alignment with Proclamation 207 of 2024. This proclamation authorized the SIU to investigate allegations of serious maladministration. The SIU and Hawks gathered documentation and equipment necessary for audit or compliance purposes concerning successful tenders from 1 January 2019 to 18 October 2024, as stipulated in the proclamation.

The scope of the collected materials includes comprehensive records such as company registration documents, payment documenta
tion like invoices, purchase orders, remittance advice, and devices including laptops, mobile devices, and external storage. These materials are used by relevant committees, officials, or employees. Furthermore, the investigation covers any electronic data stored on these devices, including emails and cloud storage, encompassing both current and outdated devices linked to specific personnel and posts.

The warrant for the search and seizure was granted by the Grahamstown Magistrate Court. This followed the signing of Proclamation 207 of 2024 by President Cyril Ramaphosa, enabling the SIU to investigate serious maladministration linked to seven tenders at the Makana Local Municipality. This proclamation was officially gazetted two weeks ago.

The SIU’s investigation will scrutinize several projects, including the Makana Bulk Sewer Upgrade Phase 1, professional engineering services for a groundwater development project, and implementing agents for water conservation and demand management. Other areas under inve
stigation are the re-appointment of MBB Consulting for water conservation and demand management, the electrification of the greater Makana and surrounding areas 11KV line project, hosting municipal emails and providing internet services, and managing the Makana burning landfill site for six months.

The SIU determined that a regular request for information and documents would not yield satisfactory results, prompting them to seek a search warrant from the Grahamstown Magistrate Court. This decision was made to facilitate the seizure of documents and computers vital for the ongoing investigation. Despite initial requests for cooperation, the municipality did not comply with the SIU’s requests for documents. The SIU also consulted the Auditor General of South Africa (AGSA), who was auditing the municipality at the time. The AGSA indicated that the municipality failed to provide the necessary documents.

The SIU is empowered by the Special Investigating Units and Special Tribunals Act 74 of 1996 to subpoena bank
statements and cell phone records, search and seize evidence, and interrogate witnesses under oath to thoroughly investigate allegations. Additionally, the SIU can initiate civil action in the High Court or a Special Tribunal to address any wrongdoing uncovered during investigations related to corruption, fraud, or maladministration. In accordance with the SIU Act, any evidence of criminal conduct uncovered will be referred to the National Prosecuting Authority for further action.