[ Home ] [ About government ] [ Structure ] [ Justice system ]

Special Investigating Unit

The SIU, created in terms of the SIU and Special Tribunals Act, 1996 (Act 74 of 1996) [PDF], is an independent statutory body that is directly accountable to Parliament and the President of South Africa. It was established to conduct investigations at the President’s request, and to report to him on the outcomes of these.

The SIU functions in a manner similar to a commission of inquiry, in that the President refers cases to it by way of a proclamation. It may investigate any matter set out in Section Two of the SIU and Special Tribunals Act, 1996 regarding:

• serious maladministration concerning the affairs of any state institution
• improper or unlawful conduct by employees of any state institution
• unlawful appropriation or expenditure of public money or property, and any unlawful, irregular or unapproved acquisitive act, transaction, measure or practice that has a bearing on state property
• intentional or negligent loss of public money or damage to public property
• corruption in connection with the affairs of any state institution
• unlawful or improper conduct by any person who has cause to or may cause serious harm to the interest of the public or any category of the public.

The unit can also take civil action to correct any wrongdoing it uncovers during an investigation and can therefore, for example, obtain a court order to:

• compel a person to pay back any wrongful benefit received
• cancel contracts when the proper procedures were not followed
• stop transactions or other actions that were not properly authorised.

A critical factor contributing towards the success of the SIU has been the development of an integrated forensic service to state institutions that requires an intervention to address allegations of corruption, maladministration and fraud, which include forensic audit and investigation; remedial legal actions encompassing civil, criminal and disciplinary action; as well as the recommendation and facilitation of systemic recommendations.

The SIU’s output-driven approach to investigations is supported by an effective national presence and excellent relations with other law agencies such as the National Prosecution Service (NPS), the core prosecuting division of the NPA, and other attached divisions, such as the Specialised Commercial Crime Unit (SCCU) in the case of fraud and other related matters, and the Asset Forfeiture Unit (AFU) in cases where the powers of this unit are more suitable for recovering the proceeds of crime.

Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System

[ Top ]

Last modified: 24 May 2011 10:37:53.