The Constitutional Court has confirmed the ability of the Special Court of the Special Investigation Unit (SIU) to set aside illegal contracts and recover funds lost due to corruption.
The Special Court was established in 2019 as an arm of the SIU to quickly recover public funds.
However, his powers have recently been challenged by several individuals and entities in a case involving illegal contracts for personal protective equipment provided by the Gauteng Department of Health.
The ConCourt on Friday dismissed the appeal and affirmed the Special Court’s powers and jurisdiction.
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In an official statement, the SIU said this has strengthened its work and energized the unit to continue tackling corruption.
The apex court ruled that the Special Court still has the authority and jurisdiction to adjudicate the review brought by the SIU and to issue an order setting aside the illegal procurement contract awarded by the state institution.
“The decision of the Constitutional Court establishes precedence that corruption will not be tolerated, and the SIU will continue to attack corruption,” said the SIU.
Appeal to the Special Court
Last year, an appeal was filed by Ledla Structural Development (Pty) Ltd (Ledla), Rhulani Lehong, Kgodisho Norman Lehong, and other individuals and entities.
The applicants sought to overturn the order of the Special Court, which reviewed and set aside the unlawful personal protective equipment contract awarded by the Gauteng Department of Health.
The Special Court also issued a preservation order and then a confiscation order of the applicants’ money and assets.
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The applicants have challenged the jurisdiction of the Special Court. The ConCourt dismissed the application with costs.
“The SIU welcomes the verdict as it gives the Special Court the green light to continue its work and set aside the contracts it found invalid and illegal.
“The Special Court was established in 2019 to judge matters arising from the investigation of the SIU. As a dedicated Tribunal, it means that the SIU can quickly resolve the issue and recover the financial losses suffered by the State before its dissolution,” said the SIU.
Civil proceedings
The ruling provides absolute certainty on the jurisdiction of the Special Court to try “civil proceedings” brought by the SIU.
“Note that the Constitutional Court has stated that the preamble of the Special Investigation Unit Act and the Special Court Act (SIU Act) and section 4 make it very clear that the SIU Act aims, among other things, to establish a structure. , including Special Court, to deal with rampant corruption in all forms of deviance in our country.
“The decision of the Constitutional Court cements SIU’s work and energy to continue intensifying the execution of its mandate to address rampant corruption in all forms of malfeasance in our country,” SIU said.
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