1. Special Tribunal on Corruption, Fraud and Illicit
Money Flows to commence operations in
October
26 September 2019
The Minister of Justice and CorrectionalServices, Mr Ronald Lamola, has gazetted
regulations for the Special Investigation Unit’s Special Tribunal. These regulations
come into effect upon publication in the Government Gazettetoday.
The Special Tribunal will be fully operationalfrom 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 flowshas been given real impetus. This Tribunal
is a swift mechanism to claw back every cent that wasstolen fromthe 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:
2. 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:GG42729 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 ofJustice and Correctional Services