Browsing: Cases

The Special Tribunal set aside an irregular Covid-19 toilet procurement contract with Hawulethu (Pty) Ltd, finding that supply chain rules were bypassed and the process was inconsistent with constitutional procurement requirements. The Tribunal declared the contract unlawful and ordered the forfeiture of all profits derived from it.

The Special Tribunal has ordered Easyway, Tarmac, Pave and Projects CC to repay more than R68 million after finding that the company secured a R167.9 million municipal tender through material misrepresentation of its experience and qualifications. The judgment reaffirms that fraud in public procurement renders contracts unlawful and highlights the Tribunal’s role in recovering public funds where constitutional and procurement rules are breached.

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.

The SIU v Mosokodi Business Trust case, set for hearing on 15–16 May, could redefine the Special Tribunal’s power to recover misused public funds. At issue: a R4.4 million farm allegedly bought with Lottery money, and whether the Tribunal can legally order its forfeiture. The case includes a constitutional challenge to the SIU Rules, with the DGRU appearing as amicus curiae.

The SIU is taking decisive action against corruption by seeking to recover R150 million from Digital Vibes and associated individuals, following irregular contracts awarded by the National Department of Health.

In a landmark ruling, Hildegard Antionette Pieterse has been sentenced to 50 years in prison for defrauding Medtronic Africa of over R500 million. This case underscores the critical need for robust financial oversight in corporations.