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SIU considering legal options to clarify what constitutes a State Institution following High Court ruling on Telkom investigation

The Special Investigating Unit (SIU) has noted a judgment handed down by the High Court of South Africa, Gauteng Division Pretoria, relating to the Unit’s investigation in the affairs of Telkom.

In terms of the High Court judgment, Proclamation 49 of 2022 authorising the SIU to investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom is declared unconstitutional, invalid, and of no force or effect. The High Court found that Telkom is not a State Institution and therefore, the SIU could not investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom.

The SIU has studied the judgment and is considering legal options available to it to clarify what constitutes a state institution. The judgment has considered the question of what constitutes a State Institution.

In terms of the Special Investigating Units and Special Tribunals Act 74 0f 1996, the SIU is empowered to investigate allegations of corruption and maladministration in the affairs of State Institutions like government departments, municipalities, and state-owned entities; to recover financial losses suffered by the state and prevent further losses.

Considering the judgement, the SIU is of the view that a clarification on what constitutes a state institution is important and will further strengthen the work of the SIU in rooting out corruption and maladministration in the administration of all State Institutions. We further believe that there are grounds justifying an appeal and that the issue of the “state institution” must be decided and settled by a higher court. If this is not clarified, it may create an unwelcomed precedent that some public institutions may inadvertently be shielded from investigation by the SIU.

Enquiries:
Kaizer Kganyago
Spokesperson: Special Investigating Unit
082 306 8888
KKganyago@siu.org.za