Media Statements

Special Tribunal on Corruption, Fraud and Illicit Money Flows to commence operations in October

26 September 2019

The Minister of Justice and Correctional Services, Mr Ronald Lamola, has gazetted regulations for the Special Investigation Unit’s Special Tribunal. These regulations come into effect upon publication in the Government Gazette today.

The Special Tribunal will be fully operational from the 1st of October 2019 and the value of cases ready for adjudication and recovery, stands at R14, 7 billion.

Chaired by Judge Gidfonia Mlindelwa Makhanya, the special tribunal has a statutory mandate to recover public funds syphoned from the fiscus through corruption, fraud and illicit money flows. Special tribunals differ from ordinary civil proceedings which are adversarial in nature. The Special Tribunal adopts a more flexible and expeditious approach to legal actions, its proceedings are inquisitorial in nature and  characterised by extensive pre-trial investigations. Furthermore, the Tribunal President or a Member of the Tribunal is empowered to dictate the pace of proceedings.

Judge Makhanya who was discharged from active service, will now dedicate his time to the Special Tribunal and he will be assisted by seven Judges who are members of the Tribunal.

“Our fight against corruption, fraud and illicit money flows has been given real impetus. This Tribunal is a swift mechanism to claw back every cent that was stolen from the fiscus. The era of impunity is behind us, the establishment of the Tribunal gives effect to the President’s SONA undertaking to have a special tribunal operating within three months ,” stated Minister Lamola.

Note to editors:

Following the appointment of the 24th of February 2019, President Cyril Ramaphosa, appointed Judge Gidfonia Mlindelwa Makhanya, as the President of the Tribunal for a period of 3 years in terms of Section 7(2) and (5) of the Special Tribunals Act, 1996 (Act No.74 of 1996) (hereinafter referred to as “The Act”).

President Ramaphosa further appointed the following judges as additional members, in terms of Section 7 (3)(a) of the Act:

1. Judge Icantharuby Pillay
2. Judge Johannes Eksteen
3. Judge Selewe Peter Mothle
4. Judge Lebogang Modiba
5. Judge Thina Siwendu
6. Judge David van Zyl and
7. Judge Sirajudien Desai

The regulations accompany the statement: GG 42729 R. 1263: Special Investigating Units and Special Tribunals Act (74/1996) (the Act): Regulations in the Schedule with reference to the Act [26 Sep 2019]

Issued by the Ministry of Justice and Correctional Services

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