Browsing: Special Tribunal

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.

A landmark case is testing whether the Special Tribunal can order asset forfeiture. Legal scholar Dan Mafora says only courts can; the DGRU agrees, but calls for urgent reform. At The Progress Report, we say: give the Tribunal the powers it needs to fight corruption.

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.

On 15 May 2025, the Special Tribunal heard a pivotal case questioning its authority to freeze and forfeit assets linked to corruption at the National Lotteries Commission.

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.

SIU and Transnet Soc Ltd v Dynamic Power Engineering (Pty) Ltd and Others: Holding officials accountable for Tender Fraud and…