SIU conducts search and seizure at North West municipality

Thursday, November 7, 2024

The Special Investigating Unit has this morning conducted a search and seizure operation at the JB Marks Local Municipality in the North West.

According to the unit, the operation – executed in cooperation with the Hawks and the SA Police Service – was conducted to search for evidence that may assist in an investigation targeting the construction of the N12 flood line canal.

“The search and seizure operation is the SIU’s last resort to access documents needed for the investigation and obtain the necessary documentation for its investigation. Since the proclamation was published on 4 October 2024, the SIU has made multiple attempts to contact the municipality in an effort to access the required documents voluntarily, However, these attempts have gone unanswered. 

“This lack of cooperation prompted the SIU to seek the court's assistance in securing a warrant to search and seize pertinent documents and electronic equipment,” the SIU said.

The corruption-busting unit said the operation is conducted not only through a warrant but also in accordance with a Presidential Proclamation, which authorised the unit to “investigate allegations of serious maladministration regarding the procurement of/or contracting for goods, works or services by or on behalf of the municipality” related to the construction of the flood line canal.

Documentation and devices seized include:

  • Company registration documents.
  • Payment records (invoices, purchase orders and remittance advice).
  • Electronic devices, including laptops, mobile devices and external storage media used by relevant officials and employees.
  • Any associated electronic data, including emails and cloud storage information linked to specific personnel.

“The SIU is empowered by the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act) to subpoena bank statements and cell phone records, search and seize evidence, and interrogate witnesses under oath to thoroughly investigate allegations brought before it. 

“The SIU is also empowered to institute a civil action in the High Court or a Special Tribunal to correct any wrongdoing uncovered during investigations caused by acts of corruption, fraud or maladministration. 

“In line with the SIU Act, the SIU will refer any evidence pointing to criminal conduct it uncovers to the National Prosecuting Authority for further action,” the SIU said. – SAnews.gov.za