Pretoria: Minister of Justice and Constitutional Development Mmamoloko Kubayi has announced that the Special Investigation Unit (SIU) has successfully recovered approximately R2 billion owed to the State following investigations initiated by Presidential proclamations.
According to South African Government News Agency, the Minister addressed the National Council of Provinces (NCOP) virtually on Tuesday to answer questions for oral reply. She stated that since April 1, 2024, President Cyril Ramaphosa had issued 84 proclamations by August 7, 2026, which led to these investigations.
Kubayi elaborated on the SIU's recovery model, which focuses on legal reviews and the 'consideration of a just and equitable remedy' adhering to the 'no-loss, no-profit principle.' She noted that legality reviews aim to challenge decisions made through irregular or unlawful conduct, seeking to have these decisions reviewed and voided. This process helps declare subsequent actions on contracts unlawful and invalid from their inception.
In many cases where judgments are favorable, a debasement process is conducted to assess expenses incurred and profits gained by beneficiaries of the reviewed decisions. Often, the courts or a special tribunal order these beneficiaries to return the profits to the State institution.
The Minister lauded the SIU for its effective recovery of funds for the public purse and emphasized the unit's exemplary status. "We do believe that the public sees the good work that is being done by the SIU. [It] remains one of the exemplary [institutions]," Kubayi expressed, highlighting the unit's positive brand, image, ethics, and results-driven approach.
Addressing criminal referrals by the SIU to the National Prosecuting Authority, Kubayi disclosed that 1,949 referrals had been made, with 1,794 cases still pending. She voiced concerns over the number of referrals leading to court appearances, explaining that a single investigation by the SIU might result in several individuals being referred for prosecution, thereby creating multiple cases. Nonetheless, she emphasized the desire for successful prosecutions.