Fighting corruption: The special tribunal
17 September 2019
On 9 July 2019, Advocate Andy Mothibi, head of the Special Investigating Unit (SIU), announced the establishment of a Special Tribunal by October 2019. The Tribunal’s purpose is to recoup money looted from the State, opening yet another chapter in South Africa’s fight against State capture and corruption.
Estimates on the amount of monies lost through corruption amount to R1.5 trillion over the past four years alone, according to media reports. Despite the many anti-corruption mechanisms in place already, recovery of the monies lost has proven extremely difficult. The recovery of small sums, if compared to the total sums lost, already appears as a cause for celebration.
Just recently, for example, Justice Minister Ronald Lamola announced that the National Prosecuting Authority's Asset Forfeiture Unit (AFU) had recovered R115.9 million in terms of the Prevention of Organised Crime Act during June and July of 2019. This includes State monies lost through fraud and corruption. In light of this situation, the Special Tribunal’s effectiveness in recovering State money will be key in determining how the government’s newest anti-corruption campaign will go down in history.
The establishment of the Special Tribunal is based on the Special Investigating Units and Special Tribunals Act (the Act). The Act empowers the President to establish Special Investigating Units (SIUs) to investigate serious malpractice or maladministration relating to State institutions, State assets and public money, as well as any conduct which may seriously harm the interests of the public. The current SIU was established in 2001 and, at present, is leading more than 50 investigations. However, there is concern with regard to the effectiveness of the SIU, which has been battling with a number of problems, including a lack of funding and a lack of transparency.