The Progress Report
Monitoring and reporting on the progress of corruption cases in South Africa's Special Tribunal and Specialised Commercial Crimes Courts is essential. These institutions play a critical role in delivering justice, recovering misappropriated public funds, and holding officials accountable for financial crimes.
Featured Article
The SIU and Transnet reached a R600 million settlement with Nedbank over interest rate swap transactions linked to state capture-era procurement at Transnet.
Monitoring Corruption
Corruption is being dealt with in the courts
Significant progress is being made in the fight against corruption. The Special Tribunal and SCCCs have shown resilience and effectiveness in recovering stolen public funds and holding perpetrators accountable.
Expediting the recovery of public funds lost to corruption
The Special Tribunal, is a critical mechanism for recovering public funds lost to fraud and corruption, operating with greater efficiency than traditional courts while adjudicating civil disputes arising from SIU investigations.
Significant success through the Special Tribunal
The Special Tribunal's efforts have led to orders resulting in over R1.7 billion in public funds being capable of recovery. This demonstrates real progress in tackling corruption continuously delivering results that restore public trust and safeguard public resources.
Investigation, prosecution, and adjudication
There are 22 SCCCs across South Africa, located in various regional divisions. These courts, operating at the regional level, are dedicated to hearing commercial crime and organised commercial crime matters.
Case Updates
In SIU v Zakheni Strategic Supplies, the Special Tribunal ruled that the SIU failed to prove wilfulness and mala fides beyond reasonable doubt. It also pointed to the lack of urgency, as the contempt application was brought nearly three years after the original order.
The case is a reminder: without strong evidence and timely action, enforcement efforts can fail.
In SIU v Bendalo Holdings, the Tribunal confirmed the SIU’s mandate to investigate Covid-19 procurement, but dismissed the case for non-joinder of the National Treasury.
The Special Tribunal has reviewed and overturned two tenders awarded to Kroucamp Plumbers for emergency sewerage work. The contracts—worth over R67 million—were tainted by corruption, including undisclosed relationships, fake B-BBEE certificates, and irregular payments to officials.
The Special Tribunal was asked to block a former NLC official from accessing his pension after he allegedly co-signed a fabricated report that led to the payment of R3 million in public funds. This case tests the Tribunal’s power to preserve retirement funds pending civil recovery.
In Marubini Ramatsekisa v SIU and Others, the Special Tribunal clarified its powers regarding pension fund preservation orders, ruling that preserved funds cannot be accessed without full and transparent disclosure.