SIU to appeal ruling that its investigation into Telkom is invalid

The Special Investigating Unit (SIU) has filed papers to apply for leave to appeal the decision of the Gauteng High Court in Pretoria relating to its investigation into the affairs of Telkom.

The High Court last month ruled that Proclamation R49 of 2022 authorising the SIU to investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom was declared unconstitutional, invalid, and of no force or effect.

The court found that Telkom is not a state institution and therefore, the SIU could not investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of the telecommunications provider.

The SIU was also ordered to return all related documents to Telkom.

During court proceedings, Telkom requested the court to determine whether Ramaphosa had sufficient facts before him to make the proclamation, acted in a procedurally fair or procedurally rational manner and whether there was sufficient jurisdictional requirement for the presidential proclamation.

Telkom contended the president had also neglected to give the communication utility an opportunity to make representations ahead of the proclamation, News24 reported.

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Appeal

The SIU said it studied the judgment and considered legal options to it to clarify what constitutes a state institution.

SIU spokesperson Kaizer Kganyago said they will be appealing the high court ruling.

“After consulting with our legal team, the SIU is of the opinion that there is reason for an appeal. The court needs to give a fuller picture of what constitutes a state institution as this can set a legal precedent on which institutions the SIU can exercise its powers.

“It is important that the issue of the ‘state institution’ must be decided and settled. If this is not clarified, it may create an unwelcome precedent that some public institutions may inadvertently be shielded from investigation by the SIU.”

Proclamation

President Cyril Ramaphosa‘s issued the proclamation for a SIU probe into the alleged unlawful conduct by Telkom and some of its employees in January 2022.

The proclamation covered the period starting in June 2006 until the date of the proclamation.

However, Telkom at the time said it had on numerous occasions reported on the dealings the investigation is interested in, adding that some of these have been ventilated in various courts.

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