SIU hopes Special Tribunal will bolster fight against corruption

The Special Investigating Unit (SIU) is putting its hopes on the Special Tribunal as it forges with crushing the corruption emanating from the Covid-19 pandemic. Picture: Pexels

The Special Investigating Unit (SIU) is putting its hopes on the Special Tribunal as it forges with crushing the corruption emanating from the Covid-19 pandemic. Picture: Pexels

Published Aug 19, 2020

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The Special Investigating Unit (SIU) is putting its hopes on the Special Tribunal as it forges with crushing the corruption emanating from the Covid-19 pandemic.

On Wednesday, SIU head Andy Mothibi said the tribunal was providing an important arsenal to fight corruption.

He said through the tribunal, they would be able to do litigation referrals quite quickly.

Mothibi also said although the focus was on civil litigation, they would ensure that there was an integrated approach between the SIU, the National Prosecuting Authority, the Hawks and Financial Intelligence Centre at the newly-formed Fusion Centre.

"That centre ensures all law enforcement agencies collaborate for the speedy results," he said.

Speaking on the integrated approach, Dr Jerome Wells, a senior SIU official, said their civil unit would ensure consequence management by instituting civil action to recover losses suffered as a result of findings of the proclamation.

"The project is operating across the country and in a way each region has its own focus areas," Wells said.

He said in each region, the SIU expected the lawyer assigned to the matter to identify potential instances requiring civil litigation.

"When a lawyer in a region has identified a potential civil matter, such lawyer must prepare a motivation for the institution of civil litigation and submit such motivation to the civil litigation division of the SIU.

"Should the civil litigation component agree that civil litigation is justified, the matter will be submitted to the head of the unit for approval.

"The matter will then go to the Office of the State Attorney and external counsel will be appointed to take the matter further."

Wells also said the investigating teams were expected to be ready to assist counsel to prepare matters for the Special Tribunal.

Mothibi said the Special Tribunal has been effective since its re-establishment.

"There are orders that came through and quickly. At the next occasion we can demonstrate how effective the Special Tribunal is."

He also said they have engaged with the National Prosecuting Authority's Asset Forfeiture Unit to ensure they all move with speed together.

"We refer matters to the NPA for their action."

Mothibi also said they wanted to widen the net of prosecution to include the contraventions deemed criminal by both the Public Finance Management Act and Municipal Finance Management Act.

"We would like to make sure we prosecute those who are responsible."

He added that he has given directive to his team across the country to leave no stone unturned among those on the wrong side of the law starting from ordinary officials, heads of departments and political kheads like ministers, councillors, MECs and boards.

"We should not leave anyone out," Mothibi added.

Asked about recovering stolen monies, Mothibi said it would be through civil litigation.

"All recoveries will go to the Special Tribunal," he said.

He clarified that the referral of Eskom matter to the high court was because of certain considerations and legal advice the SIU obtained.

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