The Government Gazette issued a notice last year giving the SIU authority to investigate contracting and possible maladministration regarding Telkom’s disposals of iWayAfrica, Africa Online Mauritius, and MultiLinks Telecommunications. File Picture: Lalinka Mahote/African News Agency (ANA)
The Special Investigating Unit (SIU) has filed papers to apply for leave to appeal the decision of the High Court of South Africa, Gauteng Division Pretoria, relating to the Unit’s investigation into the affairs of Telkom.
Last month, the Gauteng High Court in Pretoria set aside Proclamation 49 issued by President Cyril Ramaphosa on January 25, 2022 giving the SIU the authority to investigate the telecoms firm on allegations of corruption and maladministration in its affairs.
The court declared the probe unconstitutional, invalid, and of no force or effect.
Telkom’s share price shot up four percent after it won the court case linked to allegations of corruption and maladministration in its affairs in Nigeria and Mauritius dating back to June 2006.
At the time, the court found that Telkom was not a state institution and, therefore, the SIU could not probe the affairs of Telkom.
In a statement by the SIU this week, it announced it would appeal the 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,” the Unit said.
kailene.pillay@inl.co.za
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