Issued by: GCIS
STATEMENT BY THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT REGARDING THE WORK OF THE SPECIAL INVESTIGATING UNIT AND SPECIAL TRIBUNAL
The Minister of Justice and Constitutional Development, Dr Penuell Maduna, strongly dismisses reports that the Special Investigating Unit, created in terms of the Special Investigating Units and Special Tribunals Act of 1996, is to be dissolved.
The Minister wishes to clarify the reports in today's print media where he was quoted as having said during his address to Parliament yesterday "that the special investigating Unit headed by Judge Willem Heath will be dissolved and similar units headed by other judges will be created"
The Minister wishes to put it on record that when Government took office in 1994 it soon became apparent that Government did not have the capacity to act upon allegations of serious corruption, maladministration or misappropriate of State Funds swiftly and decisively. Whilst institutions such as Commissions of Inquiry, the Public Protector and the office for Serious Economic Offences could be utilised to some extent to curb these kind of problems, they lack the necessary cohesion to produce satisfactory results. Commissions of Inquiry generally do not have the teeth to enforce their recommendations whilst the Investigating Directorate: Serious Economic Offences is principally involved in the investigation of criminal offences and forms part of the National Prosecution Authority. The Public Protector on the other hand does not have adjudicative powers so as to enforce its findings.
As a result Government decided to create a mechanism through which serious allegations can be comprehensively and swiftly investigated and, at the same time, through which remedial steps, which would ordinarily have to be pursued through the courts of law, can be taken swiftly and cost effectively.
The Special Investigating Unit and Special Tribunals Act, 1996 which was promoted in 1999 provides for the appointment of Special Investigating Units and Special Tribunals. Whenever the President deems it necessary on the ground of alleged serious maladministration in State institutions, improper or unlawful conduct by state employees, unlawfully appropriation or expenditure of public money or property as well as other related acts of corruption.
The President may appoint a Special Investigation Unit, headed by a Judge of the High Court, to investigate the allegations and to initiate the necessary proceedings for recovery as well as adjudication's.
Whenever a Special Investigating Unit has been established, a Special Tribunal headed by a Judge or a retired Judge of the High Court must also be established by the President in terms of the Act in order to adjudicate upon justiciable disputes emanating from the investigations of the Unit.
The purpose of the legislation is to enable the President, where allegations of corruption are brought to his attention, to appoint a Special Investigating Unit to investigate that particular allegation as well as a Special Tribunal to adjudicate. Although the President may refer more than one matter to the same Investigating Unit, the idea was to set up separate Investigating Units to investigate different allegations.
The Act makes no provision for the creation of a permanent Unit with its own budget as well as permanent staff.
It is rather unfortunate that Government is often criticised for not dealing with corruption seriously as it should. Allegations were also made in the past that Government is not supporting the existing unit as it should. The Minister dismisses these allegations with the contempt they deserve.
The Minister once again, wish to reiterate his appeal to the head of the Unit, the Honourable Mr Justice Willem Heath, to interact with the Ministry with regard to the needs of the Unit.
The Minister wishes to stress the fact that Government is committed to the fight against corruption and it will continue to support the current Unit in carrying out its mandate.
ISSUED BY PAUL SETSETSE ON BEHALF OF DR MADUNA
CAPE TOWN
Tel: 021-465 7506/7
Cell: 083 252 4770
9 September 1999