Why the SIU wants to appeal a court ruling blocking its probe into Telkom.
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GUEST - GUEST – Professor Peter Goss - Managing Director : Fi-Fa-C & Professor of Practice in Forensic Auditing and Governance at the University of Johannesburg
The Special Investigating Unit (SIU) has filed papers to apply for leave to appeal the decision of the High Court of South Africa, Gauteng Division Pretoria, relating to the Unit’s investigation into the affairs of Telkom. Last month, the High Court ruled that Proclamation R49 of 2022 authorising the SIU to investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom was declared unconstitutional, invalid, and of no force or effect.
The High Court found that Telkom is not a state institution and, therefore, the SIU could not investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom. “After consulting with our legal team, the SIU is of the opinion that there is reason for an appeal,” the group said. “The court needs to give a fuller picture of what constitutes a State institution as this can set a legal precedent on which institutions the SIU can exercise its powers.” The SIU said it is important that the “state institution” issue be decided and settled.
The Special Investigating Unit (SIU) has filed papers to apply for leave to appeal the decision of the High Court of South Africa, Gauteng Division Pretoria, relating to the Unit’s investigation into the affairs of Telkom. Last month, the High Court ruled that Proclamation R49 of 2022 authorising the SIU to investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom was declared unconstitutional, invalid, and of no force or effect.
The High Court found that Telkom is not a state institution and, therefore, the SIU could not investigate allegations of serious maladministration, malpractice, and possible corruption in the affairs of Telkom. “After consulting with our legal team, the SIU is of the opinion that there is reason for an appeal,” the group said. “The court needs to give a fuller picture of what constitutes a State institution as this can set a legal precedent on which institutions the SIU can exercise its powers.” The SIU said it is important that the “state institution” issue be decided and settled.
