President Cyril Ramaphosa has, in terms of Section (2)(1) of the Special Investigating Units and Special Tribunals Act 74 of 1996, established a Special Tribunal.
The establishment of this Special Tribunal is occasioned by the need to fast-track the finalisation of matters that the SIU refers for civil litigation following conclusion of their investigations. These are matters where the SIU would have referred to civil litigation contracts entered into by state institutions to be declared irregularly invalid or set aside.
Fast-tracking these matters through the Special Tribunal will enable the SIU to recover monies and or assets lost by state institutions through irregular and corrupt means; thus ensuring that those who are responsible for the loss of monies and or assets by state institutions are held accountable. The litigation process includes both public and private sectors persons and entities.
The powers and functions of the Special Tribunal are to adjudicate upon any civil proceedings brought before it by a Special Investigating Unit (SIU) in its own name or on behalf of a state institution or any interested party as defined by the regulations, emanating from the investigation by such SIU. Such civil proceedings will be based on the outcomes from the investigations by SIU.
The President has, in terms of Section 7 (2) and (5) of the Special Tribunals Act, 1996 (Act No.74 of 1996)(hereinafter referred to as “The Act”) appointed Judge Gidfonia Mlindelwa Makhanya, as the President of the Tribunal for a period of 3 years.
President Ramaphosa has also appointed the following judges as additional members, in terms of Section 7 (3)(a) of the Act:
- Judge Icantharuby Pillay
- Judge Johannes Eksteen
- Judge Selewe Peter Mothle
- Judge Lebogang Modiba
- Judge Thina Siwendu
- Judge David van Zyl and
- Judge Sirajudien Desai
~ Khusela Diko, Spokesperson to the President – 24 February 2019