Special Investigating Unit and Another v Ndlovu and Other (Order) (GP19/2021) [2022] ZAST 38 (23 August 2022)

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.

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.

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 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 finalisation of the respondents’ application.

Result: 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.