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 High Court ruled that Proclamation R49 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.
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.
Spokesperson: Special Investigating Unit
082 306 8888 / KKganyago@siu.org.za