The Special Investigating Unit (SIU) is an independent agency of the

South African government The Government of South Africa, or South African Government, is the national government of the Republic of South Africa, a parliamentary republic with a three-tier system of government and an independent judiciary, operating in a parliamentary ...

which investigates

corruption Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities ...

and

maladministration Maladministration is the actions of a government body which can be seen as causing an injustice. The law in the United Kingdom says Ombudsmen must investigate maladministration. The definition of maladministration is wide and can include: *Del ...

in state institutions. It was first established in July 1997 by President

Nelson Mandela Nelson Rolihlahla Mandela ( , ; born Rolihlahla Mandela; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist and politician who served as the first president of South Africa f ...

, although it has not operated continuously since then. As of 2022, the SIU was headed by

Advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

Andy Mothibi and had its headquarters in Meyer's Park,

Pretoria Pretoria ( ; ) is the Capital of South Africa, administrative capital of South Africa, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to the country. Pretoria strad ...

. Its primary mandate is to provide anti-corruption, forensic investigation, and

litigation A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...

services to combat corruption, serious malpractice, and maladministration in state institutions. It therefore not only investigates cases but also is empowered to take

civil action A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...

to correct wrongdoing which it uncovers, including by recovering financial losses suffered by the state. It also has the power to

subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

witnesses, bank statements, and cellphone records; powers of

search and seizure Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person ...

; and power to

interrogate Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful inform ...

witnesses under oath. However, it is required to refer evidence of criminal conduct to the

National Prosecuting Authority The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which establi ...

History

It is an independent

statutory body A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being Primary and secondary legislation, empowered or deleg ...

under South Africa's Special Investigating Units and Special Tribunals Act No. 74 of 1996. It was established on 14 July 1997 by Presidential Proclamation R24 of 1997, signed by

to enact that law. Its mandate was to investigate serious malpractice or maladministration in connection with the administration of state institutions, assets, or money, as well as any conduct which may seriously harm the interests of the public. Although it was intended to be a temporary body, it continued its anti-corruption work until dissolved by a 2001

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...

ruling. It was re-established after legislative amendments were made to address the Court's complaints. Under President

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...

, the agency was part of the government's multi-disciplinary Anti-Corruption Task Team. In 2019, the Special Tribunal was established to hear civil litigation matters arising from SIU investigations, including on

asset forfeiture Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This ap ...

, meaning that the SIU no longer has to institute such matters in the mainstream high courts.

References

{{Reflist

External links

Website

''Mail & Guardian'' archives
Government of South Africa

History

See also

References

External links