The Special Tribunal has been at the forefront of efforts to combat corruption and maladministration of state funds since its establishment by President Cyril Ramaphosa five years ago. As a vital tool in the fight against financial misconduct, the Tribunal has played a critical role in holding entities accountable and recovering public funds lost to irregularities. Since its inception, the institution has been led by three presidents — retired Judge Makhanya, Judge Modiba, and now Judge Victor, who has been appointed to serve a three-year term as the new president.
According to a statement issued by the Presidency, the statutory mandate of the Special Tribunal is “to recover public funds syphoned from the fiscus through corruption, fraud, and illicit money flows.” The Tribunal’s processes are uniquely flexible and inquisitorial, distinguishing them from traditional judicial proceedings. Its approach is characterised by extensive pre-trial investigations, which are instrumental in uncovering the depths of maladministration and financial misconduct. This method is further bolstered by the Tribunal’s close working relationship with the Special Investigating Unit (SIU), enabling efficient investigation and enforcement of its mandate.
The Tribunal’s success in recovering public funds demonstrates its effectiveness as an accountability mechanism. In the 2023/2024 financial year, the SIU reported that R2.28 billion had been recovered through awards made by the Special Tribunal, marking this as the Tribunal’s most successful year to date. This milestone highlights the Tribunal’s growing impact in addressing financial irregularities and recovering resources essential for public service delivery.
Highlighted cases: The Tribunal’s impact in action
1. Thabiso Hamilton Ndlovu Case (GP19/2021)
R158 850 921.13 awarded in a high-profile PPE procurement fraud case during the COVID-19 pandemic, marking one of the largest recoveries.
2. System Applications Products (South Africa) (Pty) Ltd Case (GP04/2020)
R263 282 173.78 and R81 502 073.62 awarded, demonstrating the Tribunal’s ability to tackle corporate corruption effectively.
3. Linyenga Herbert Msagala Case (GP03/2020 & GP05/2020)
R44 883 048.97 awarded and returned to Transnet, addressing misuse of state resources.
4. Ledla Structural Development Case (GP07/2020)
R38 758 000 was awarded in a PPE procurement fraud case, protecting public funds.
5. Superfecta Trading Case (GP06/2022)
R12 696 022.73 secured, ensuring justice for irregularities in procurement.
Impact and lessons from the Special Tribunal
The Special Tribunal has emerged as a cornerstone of South Africa’s efforts to combat corruption and maladministration, playing a decisive role in ensuring accountability, deterrence, and restitution of state funds. Recent cases such as SIU v Ledla Structural Development, SIU v Hamilton Ndlovu, and SIU v SAP illustrate both the systemic weaknesses in public procurement and the effectiveness of oversight bodies like the SIU and the Special Tribunal in addressing these challenges.
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Precedent for Accountability: Tribunal rulings establish a legal and financial precedent for holding individuals and entities accountable for the misuse of state resources. Cases such as SIU v Ledla Structural Development have exposed collusion between government officials and private companies, leading to inflated prices and the rapid disbursement of misappropriated funds.
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Deterrence of Procurement Fraud: The forfeiture of assets and the imposition of punitive costs illustrate that corruption does not lead to enrichment, but rather significant financial and legal consequences. The Tribunal’s actions also include recommendations to blacklist implicated entities, preventing repeat offenders from accessing public contracts.
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Asset Forfeiture & Financial Recovery: Preservation and forfeiture mechanisms have been instrumental in recovering state funds. In cases such as SIU v Hamilton Ndlovu, luxury assets acquired through unlawful means were forfeited, ensuring financial restitution to the state.
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Strengthening Oversight Bodies: The Tribunal’s swift intervention in cases like Ledla and Hamilton Ndlovu has prevented the permanent loss of public funds and reinforced the value of proactive investigations. By holding both public officials and private entities accountable, the Tribunal and SIU contribute to restoring public confidence in governance.
These landmark judgments expose systemic weaknesses, reinforce the principle of accountability, and ensure that corruption is met with financial restitution and punitive consequences.
As South Africa continues to strengthen its anti-corruption framework, the Tribunal’s work serves as a powerful deterrent against procurement fraud and a foundation for institutional reform. The preservation and recovery of public funds represent an essential step toward rebuilding trust in government and safeguarding state resources for the benefit of all citizens.
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Calendar Breakdown |
Cases heard | Judgment debt awarded (R) |
|---|---|---|
| 2020 | 10 | R0,00 |
| 2021 | 20 | R98 666 425,56 |
| 2022 | 30 | R263 175 975,70 |
| 2023 | 22 | R2 101 027,50 |
| 2024 | 20 | R501 796 451,92 |
| 2025 | 11 | R15 787 628,49 |
| GRAND TOTAL | 113 | R881 527 509,17 |