Terms of Reference
TERMS OF REFERENCE OF THE COMMISSION OF INQUIRY INTO ALLEGATIONS OF FRAUD, CORRUPTION, IMPROPRIETY OR IRREGUlARITY IN THE STRATEGIC DEFENCE PROCUREMENT PACKAGE ("THE SDPP")
A Commission of Inquiry ("the Commission") is hereby appointed in terms of
Section 84(2) (f) of the Constitution of the Republic of South Africa, 1996.
1. The Commission of Inquiry shall inquire into, make findings, report on and
make recommendations concerning the following, taking into consideration
the Constitution and relevant legislation, policies and guidelines:
1.1. The rationale for the SDPP.
1.2. Whether the arms and equipment acquired in terms of the SDPP are
underutilised or not utilised at all.
1.3. Whether job opportunities anticipated to flow from the SDPP have
materialised at all and:
1.3.1. if they have, the extent to which they have materialised; and
1.3.2. if they have not, the steps that ought to be taken to realise
them.
1.4. Whether off-sets anticipated to flow from the SDPP have
materialised at all and:
1.4.1. if they have, the extent to which they have materialised; and
1.4.2. if they have not, the steps that ought to be taken to realise
them.
1.5. Whether any person/s, within and/or outside the Government of South Mrica, improperly influenced the award or conclusion of any
of the
contracts awarded and concluded in the SDPP procurement
process and, if so:
1.5.1. Whether legal proceedings should be instituted against such persons, and the nature of such legal proceedings; and
1.5.2. Whether, in particular, there is any basis to pursue such
persons for the recovery of any losses that the State might
have suffered as a result of their conduct
1.6. Whether any contract concluded pursuant to the SDPP procurement
process is tainted by any fraud or corruption capable of proof, such
as to justify its cancellation, and the ramifications of such
cancellation.
2. These terms of reference may be added to, varied or amended from time to time.
3. The Commissions Act, 1947 (Act No. 8 of 1947) shall apply to the
Commission, subject to such amendments and exemptions as may be
specified by proclamation from
time to time.
4. The Commission shall submit interim reports and recommendations to the
President from time to time and at least every six months prior to the
finalisation of its
report for presentation to the President. The Commission
shall complete its work within a period of two years from date hereof and
shall submit its final report to
the
President within a period of six months
after the date on which the Commission completes its work.
5. Regulations shall be made in terms of the Commissions Act, 1947 and shall
apply to the Commission in order to enable the Commission to conduct its
work
meaningfully and effectively and to facilitate the gathering of
evidence by conferring on the Commission powers such as are necessary,
including the power to
enter and search premises, secure the attendance of
witnesses and compel the production of documents.
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Terms of Reference of the Commission of Inquiry into allegations of fraud, corruption, impropriety or irregularity in the Strategic Defence Procurement Package
GG 34731, Notice R926 
[97kb] Constitution of the Republic of South Africa, 1996.
