Case Summary: Special Investigating Unit and Another v Ndlovu and Others

Special Investigating Unit and Another v Ndlovu and Others

URL

https://lawlibrary.org.za/za/judgment/special-tribunal-south-africa/2022/38

Citations

(GP 19 of 2021) [2022] ZAST 38

Date of judgment

23 August 2022

Keyword(s):1

Special tribunal, urgency, authorised, forfeited assets, obtain possession, application, pending finalisation, curator bonis, appeal, invest, preserve, proceeds, rentals, collected, interest-bearing trust account, immediately operative, executable, reasons

Case type2

Application

Result

Order granted, and first and ninth respondents ordered to pay costs.

Flynote3

Special Tribunal – urgent application – Tribunal may dispense the rules relating to ordinary time periods for forms and service in matters that are regarded as urgent in terms of Rule 12

Legislation and International Instruments4

• Rule 12 of the Special Tribunal Rules

Cases cited as authority5

n/a

Facts6

The Special Tribunal had granted an order on 7 June 2022 (Tribunal’s Order). The applicants approached the Tribunal on an urgent basis in terms of Rule 12 of the Special Tribunal Rules, to be authorised to immediately take certain steps contained in the Tribunal’s Order.

Summary7

The Tribunal was asked to consider the papers filed and determine whether the applicants could be authorised to take certain steps contemplated in the Tribunal’s Order.

Decision/ Judgment8

The Tribunal authorised that certain steps contained in the Tribunal’s Order could be executed with immediate effect, and the first and ninth respondents were ordered to pay costs.

Basis of the decision9

The Tribunal dispensed with the ordinary time periods provided for in the Special Tribunal Rules as the matter was regarded as one of urgency in terms of Rule 12. The Tribunal authorised the applicants to immediately take the steps contained in the Tribunal’s Order to the extent necessary to obtain possession, control and access to the forfeited assets listed, and to preserve such assets pending the finalisation of an application brought by the first, ninth, tenth and thirteenth respondents for leave to appeal (respondents’ application). The Tribunal also ordered the curator bonis to invest and preserve all rental proceeds collected in an interest-bearing trust account pending the finalisation of the respondents’ application.

Reported by

Date

African Legal Information Institute (AfricanLII)

29 August 2022