Issued by: The Chief Liaison Officer: Justice
MEDIA STATEMENT BY THE DEPARTMENT OF JUSTICE REGARDING THE ESTABLISHMENT OF A SPECIAL INVESTIGATING UNIT AND SPECIAL TRIBUNAL TO INVESTIGATE MATTERS RELATING TO STATE PROPERTY IN THE EASTERN CAPE
The current Judicial Commission of Inquiry into Matters Relating to State Property and other property in the Eastern Cape, which were established in 1995 (Eastern Cape Provincial Notice No 10 of 1995) under the chairmanship of Mr Justice W H Heath, has been dissolved. It has been decided that the objectives of the initial Commission can better be achieved by appointing a Special Investigating Unit and Special Tribunial in terms of section 14 of the Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996). This special unit and Tribunal in question, will come into operation on 14 March 1997.
Mr Justice Willem Hendrik Heath has been appointed an head of the Special Investigating Unit and after consultation with the Chief Justice, Mr Justice Gerhardus Petrus Christiaan Kotze has been appointed as Tribunal President.
The terms of reference of the Special Investigating Unit are:
1. To examine and report on -
(a) any acquisitive act, transaction, measure or practise, pending or concluded, having a bearing on State or public property or public money which belongs to or vests in a State institution or which, at any time prior to 27 April 1994, belonged to or vested in any former State or territory that now forms part of the Republic and which public property or public money, were it not for such acquisitive act, transaction, measure or practise, could have belonged to or vested in or could have been liable to be alotted to a State institution;
(b) any interest in, or in respect of, any property contemplated in subparagraph (a);
(c) any person, establishment, institution or society in or by which public property or public money contemplated in subparagraph (a), may be accumulated or may have been used; and
(d) any real or personal right to property contemplated in subparagraph (a) or to the fruits of such property that have accrued or will accrue to any person, establishment, institution or society other than a State institution:
2. To inquire into, consider and report on matters contemplated in subparagraph (1) which have taken place between 26 October 1976 and the date on which the Special Investigating Unit is dissolved; and
3. To inquire into, consider and report on any matter contemplated in section2(2) of the said Act, which is incidental to the matters referred to in subparagraphs (1) and (2) and which is revealed by any of the investigations of the Special Investigating Unit, and the generality of this subparagraph is not limited by subparagraphs (1) and (2).
It has been decided that the seat of both the Special Investigating Unit and the Special Tribunal will be King William's Town. However, in relation to the Special Tribunal, its President may designate another place as seat, when necessary.
ISSUED BY THE CHIEF LIAISON OFFICER: JUSTICE
PRETORIA 14 MARCH 1997
ENQUIRIES : MR JUSTICE W H HEATH TEL : (0433) 33 128 FAX : (0433) 33 242