ConCourt affirms Special Tribunal’s powers and jurisdiction

The Constitutional Court has affirmed the Special Investigating Unit (SIU)’s Special Tribunal’s ability to set aside illegal contracts and recover lost funds due to corruption.

The Special Tribunal was set up in 2019 as an arm of the SIU to recover siphoned public funds expeditiously.

However, its powers were recently challenged by several individuals and entities in a case involving an illegal contract for personal protective equipment awarded by the Gauteng Department of Health.

The ConCourt on Friday dismissed their appeal and affirmed the Special Tribunal’s powers and jurisdiction.

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In an official statement, the SIU said that this has cemented its work and energised the unit to continue to address corruption.

The apex court ruled that the Special Tribunal still holds the jurisdiction and powers to adjudicate reviews brought by the SIU and to grant orders setting aside unlawful procurement contracts awarded by state institutions.

“The Constitutional Court judgment sets the precedence that corruption will not be tolerated, and the SIU will continue striking against corruption,” the SIU said.

Appeal against Special Tribunal

Last year, an appeal was brought forward by Ledla Structural Development (Pty) Ltd (Ledla), Rhulani Lehong, Kgodisho Norman Lehong, and other individuals and entities.

The applicants sought to overturn the Special Tribunal order, which reviewed and set aside an unlawful personal protective equipment contract awarded by the Gauteng Department of Health.

The Special Tribunal also issued a preservation order and later a forfeiture order against the monies and assets of the applicants.

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The applicants had challenged the jurisdiction of the Special Tribunal. The ConCourt dismissed the application with costs.

“The SIU welcomes the judgment as it gives the Special Tribunal the green light to continue with its work and set aside contracts it finds were unlawfully and illegally awarded.

“The Special Tribunal was set up in 2019 to adjudicate on matters arising from SIU investigations. As a dedicated Tribunal, it meant that the SIU can speedily have its matters finalised and recover financial losses suffered by the State before it is dissipated,” the SIU said.

Civil proceedings

The ruling gives absolute certainty on the jurisdiction of the Special Tribunal to adjudicate on “any civil proceedings” brought by the SIU.

“It is noteworthy that the Constitutional Court has stated that the preamble of the Special Investigating Units Act and Special Tribunals Act (SIU Act) and section 4 make it abundantly clear that the SIU Act has as its objective, amongst others, the establishment of structures, including the Special Tribunal, to address the rampant corruption in all forms of malfeasance in our country.

“The Constitutional Court ruling cements the SIU’s work and energises it to continue to intensify on the execution of its mandate to address the rampant corruption in all forms of malfeasance in our country,” the SIU said.

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