Anti-corruption fight stalls amid leadership void in Special Tribunal
The resignation of Judge Lebogang Modiba as the President of the Special Tribunal has plunged the institution into a state of crisis, severely stalling its crucial role in the fight against corruption. Despite the urgency of the situation, no replacement has been found, leaving the Tribunal unable to function effectively since May 2024.
Judge Modiba, a respected and pivotal figure in the Special Tribunal, resigned in March 2024, which took effect at the end of June. Her departure has left the Tribunal with no active judges, exacerbating the challenges faced by the Special Investigating Unit (SIU) in combating economic crimes.
A brief history and Modiba’s impact
Established on October 1, 2019, the Special Tribunal was created to expedite the SIU’s applications to freeze and confiscate proceeds of corruption, bypassing the overburdened High Courts. The Tribunal’s establishment marked a significant step forward in the government’s anti-corruption efforts.
In May 2022, Judge Lebogang Modiba was named President of the Special Tribunal. Her appointment, alongside Judges Johannes Daffue and Soma Naidoo, brought hope and momentum to the institution. Modiba, a Judge of the Gauteng High Court and a member of the Electoral Court had been an integral part of the Tribunal since its inception.
During her tenure, Judge Modiba proved to be the rock of the Tribunal. She managed an overwhelming majority of the cases, personally handling 78 out of 107 matters brought before the Tribunal. Her dedication and firm, fair approach earned her respect and admiration.
The Tribunal in crisis
Judge Modiba’s resignation has left the Tribunal in disarray. The Department of Justice, which seems to have dropped the ball on replacing her since she emailed them her resignation in March, has been scrambling to address the situation. The last ruling by the Tribunal was in May, and without active judges, the SIU has been forced to approach the High Courts, which are already burdened with backlogs.
The Tribunal’s effective collapse has serious implications for the SIU, which has several high-profile cases ready for hearing but cannot process them.
The importance of resuscitating the Tribunal
The Special Tribunal is a cornerstone of the SIU’s efforts to recover assets lost to corruption. Its swift and focused approach has been instrumental in securing preservation orders and freezing illicit proceeds. Without it, the SIU’s effectiveness is severely hampered.
Judge Modiba’s departure has highlighted systemic issues within the Tribunal, including inadequate support and resources from the Department of Justice. The Tribunal’s dependence on high court judges, who receive no extra compensation for their Tribunal work, has further complicated its operations. More importantly, it has highlighted the uncomfortable relationship with the Executive. The current structure of the Tribunal does not support judicial independence as the Tribunal falls under the Department of Justice and the President decides which matters will be heard by the Tribunal. This is troubling especially as the Tribunal deals with matters where members of the Executive may be implicated. The work of such a specialist body needs to be insulated from the Executive.
There is an urgent need to consider legislative reform that establishes Specialist High Courts which fall under the Office of the Chief Justice rather than having a Tribunal
The Special Tribunal, since its establishment in 2019, has been a vital evolution in the fight against economic crimes in South Africa. Judge Modiba’s tenure demonstrated the Tribunal’s potential to deliver justice swiftly and effectively. Her resignation, however, has exposed significant vulnerabilities that must be addressed urgently. Reviving the Special Tribunal is crucial to maintaining the momentum in the fight against corruption. The government must act swiftly to appoint new leadership and judges, ensuring that the Tribunal can continue its critical work, whilst at the same time considering the necessary legislative reforms needed to strengthen the independence of such a body and to ensure that it continues to be able to attract our best judges to hear the matters.
Read more:
Business Live. Author: Tauriq Moosa | https://www.businesslive.co.za/bd/national/2024-07-16-special-tribunal-in-limbo-after-heads-departure/
GroundUp. Author: Ray Joseph | https://www.theprogressreport.org.za/2024/07/17/ronald-lamola-let-anti-corruption-body-collapse/