The Special Tribunal has emerged as a critical player in South Africa’s fight against corruption, serving as a vehicle for the Special Investigating Unit (SIU) to reclaim misappropriated public funds. At the forefront of this effort was Judge Modiba, the second President and a founding member of the Tribunal, whose leadership during her tenure has been nothing short of remarkable.
Judge Modiba’s Tenure: A legacy of tenacity and impact
Navigating a post-Zondo Commission landscape marked by diminished political will and institutional challenges, Judge Modiba maintained a steady course. Under her leadership, the Special Tribunal achieved significant victories, recovering approximately R376.6 million in misappropriated state funds. These achievements were hard-won, especially in the face of persistent issues such as:
- Limited support from the Department of Justice
- The Tribunal’s contested status following the Ledla judgment, which questioned its classification as a court
- The constraints on Tribunal judges, who often had competing commitments as sitting judges in other courts
Despite these hurdles, Judge Modiba remained relentless. She personally penned the majority of the Tribunal’s judgments and orders, reinforcing the SIU’s mission to ensure accountability. This feat is even more impressive considering her additional roles as a sitting judge at the Gauteng Division of the High Court – the busiest division in the country – and at the Electoral Court during an election year.
However, her departure in mid-2024 marked a challenging period for the Special Tribunal. (Learn more) Since May 2024, its activity has slowed, with approximately 42 cases left incomplete. Nonetheless, Judge Modiba’s tenure leaves a strong legacy of efficiency, impact, and determination – a foundation on which her successor can build.
The new leadership: Retired Judge Margaret Victor takes the reins
In November 2024, President Cyril Ramaphosa appointed new members to the Special Tribunal, ushering in a new era. (Read more) At the helm is retired Judge Margaret Victor, a seasoned jurist with a wealth of experience. Judge Victor’s impressive career trajectory includes her beginnings as a social worker, transitioning into law as an attorney, and ultimately achieving distinction as a High Court judge. Her résumé also includes roles at the Competition Appeal Court, the Supreme Court of Appeal, and the Constitutional Court.
Judge Victor’s retirement from active court duty uniquely positions her to dedicate undivided attention to the Special Tribunal’s demanding caseload – a luxury that Judge Modiba, juggling multiple roles, did not have.
Joining her for a three-year term are senior High Court judges:
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- Judge Thandi Victoria Norman (Eastern Cape Division of the High Court)
- Judge David Makhoba (Gauteng Division of the High Court)
- Judge Brian A Mashile (Mpumalanga Division of the High Court)
- Judge Andre Henry Petersen (North West Division of the High Court)
- Judge Chantel Moira Jennifer Fortuin (Western Cape Division of the High Court)
This cohort of experienced jurists is well-equipped to tackle the challenges ahead and ensure that the Tribunal remains a formidable force in holding corrupt actors accountable.
The road ahead: Key priorities for 2025 and beyond
The immediate task before Judge Victor and her team is addressing the backlog of incomplete cases that threaten the momentum of the SIU’s work. Resolving these matters is crucial to restoring the Tribunal’s effectiveness and reaffirming its role in South Africa’s anti-corruption framework.
However, challenges remain. The Tribunal’s legal status – as clarified in the Ledla judgment – precludes it from functioning as a formal court. This means that creativity and collaboration among stakeholders, including the SIU and National Prosecuting Authority (NPA), will be essential.
The SIU, empowered by its enabling legislation, must adopt a dual approach: while its civil proceedings at the Tribunal continue to recover public funds, it should also refer evidence of criminality to the NPA. By leveraging its investigative expertise, the SIU can play a pivotal role in assisting the NPA with successful prosecutions.
High-profile matters on the horizon
The SIU’s docket for 2025 includes several high-profile investigations that could soon land at the Tribunal’s door:
- Allegations of corruption at the National Lottery Commission
- Mismanagement of state funds at Eskom, PetroSA, and the Department of Human Settlements
- Multiple proclamations targeting corruption in provincial and local government departments
These cases underscore the Tribunal’s critical role in rooting out corruption and reclaiming public funds. While it may not be classified as a court, the Tribunal’s flexible civil proceedings remain an effective tool for accountability.
Under Judge Victor’s leadership, the Special Tribunal has the potential to regain its momentum, tackle its backlog, and ensure that misappropriated state funds are returned to the people of South Africa.
A renewed hope for justice
The appointment of a dedicated retired judge as President, coupled with a strong team of Tribunal members, signals a renewed commitment to the fight against corruption. Under Judge Victor’s leadership, the Special Tribunal has the potential to regain its momentum, tackle its backlog, and ensure that misappropriated state funds are returned to the people of South Africa.
While the road ahead is fraught with challenges, the wheels of justice, though sometimes slow, are beginning to turn once more. South Africans can only hope that this new chapter brings greater accountability, transparency, and, ultimately, justice.
Additional sources:
https://www.thepresidency.gov.za/president-ramaphosa-appoints-members-special-tribunal