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Citation
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Judgment date
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| February 2026 |
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Applicant succeeds: tribunal set aside public grant and contract for fraud, pierced corporate veil, ordered repayment and costs.
Administrative law – SIU investigations – Special Tribunal jurisdiction to grant s172 constitutional remedies; delay and condonation in review proceedings; fraud in public grant procurement; piercing corporate veil under s20(9) Companies Act; directors' personal liability and joint-and-several repayment of unlawfully awarded public funds.
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20 February 2026 |
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A Special Tribunal can, by harmonious statutory interpretation, order pension deductions to protect misappropriated public funds.
Pension Funds Act s37D – meaning of "court" – Special Investigating Units and Special Tribunals Act s8(2) – harmonious and purposive statutory interpretation – preservation of pension benefits – deductions for compensation arising from theft, dishonesty or fraud.
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16 February 2026 |
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SIU review succeeds: emergency appointment and contract set aside for contravening section 217 and procurement prescripts.
Public procurement — Section 217 Constitution — Emergency deviation and deviation approval — Fair, equitable, transparent, competitive and cost‑effective procurement — SIU review powers under SIU Act — Res judicata and arbitration — Condonation of delay — Just and equitable remedies (document production and disgorgement process).
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3 February 2026 |
| January 2026 |
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Ex parte preservation order not set aside despite SIU’s non‑disclosure; vehicles released to applicant subject to security and conditions.
Special Tribunal – Preservation (ex parte) orders – duty of full disclosure of material facts – eNATIS registration as prima facie evidence of ownership but not conclusive where underlying transfer is alleged fraudulent – interlocutory balancing of interests – release subject to security and curator controls – costs awarded against SIU.
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30 January 2026 |
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Late attempt to add an alternative legality review was refused for unreasonable delay and because it introduced a distinct, unpleaded cause of action.
Civil procedure — Amendment of pleadings — Application to add alternative legality (administrative law) review at late stage — Whether constitutes new cause of action — Delay and condonation in legality reviews — Principles from Constitutional Court (Buffalo City, Gijima) applicable to Special Tribunal — SIU Act permits damages claims in Special Tribunal.
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15 January 2026 |
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Default judgment rescinded where applicant relied on erroneous legal advice and demonstrated a bona fide defence with prospects of success.
Rescission of default judgment; reasonable explanation for default; reliance on legal advice; wilful default not an absolute bar; bona fide defence with prospects of success; Special Tribunal jurisdiction to set aside labour settlement agreements.
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12 January 2026 |
| December 2025 |
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Tribunal granted an immediate preservation order and caveat preventing transfer of specified property pending SIU civil proceedings.
Special Tribunal – interim preservation/prohibitory order over immovable property – Section 8(2) of SIU Act – Rules 23, 24 and 10(7) of Special Tribunal Rules – caveat registration – Rule 12(9) reconsideration – preservation pending civil proceedings.
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18 December 2025 |
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Tribunal authorised SIU search and seizure of premises and documents over suspected COVID‑19 relief scheme maladministration.
Special Investigating Units Act — Search and seizure warrant — Reasonable grounds based on affidavit for alleged maladministration of COVID‑19 relief scheme — Authority to enter, search, copy and seize documents and articles — Identification requirement for executing teams (Annexure D).
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10 December 2025 |
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Tribunal granted SIU leave to amend notice to add alternative contract date, finding no prejudice or bad faith.
Amendment of pleadings – Rule 15 read with Tribunal Rule 28 and Uniform Rule 28(10) – late amendment after hearing – whether amendment supported by evidence or excipiable – whether amendment introduces new cause of action – audi alteram partem and prejudice – mala fides/abuse of process – costs to applicant (party-and-party scale B).
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8 December 2025 |
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Tribunal granted interim preservation order restraining disposal of listed assets, allowed email service, and ordered deed endorsements.
Special Tribunal – interim preservation/interdict – restraint on disposal of assets listed in Annexure B pending main action KN02/2023 – substituted service by email (Annexure C) – direction to endorse title deeds (Annexure A) – costs reserved.
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4 December 2025 |
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The applicant obtained a freezing order preserving suspected proceeds and interdicted the respondents pending recovery proceedings.
Special Tribunal — interim preservation/freezing order — proceeds of unlawful activities — interdiction against disposition of funds — leave to set down for reconsideration — joinder of recipients of unlawfully received grant monies.
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3 December 2025 |
| November 2025 |
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SIU granted interim preservation orders restraining dealing with property and vehicle pending review of a tender award.
Special Investigating Unit Act s8(2) – interim preservation orders – prohibition on dealing with immovable property and vehicle – caveat registration – insurance and surrender of Natis documents – ex parte relief – Rule 24 and Rule 10(7) Special Tribunal Rules – review of tender award pending civil recovery proceedings.
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24 November 2025 |
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The Tribunal ordered the 11th respondent to pay the applicant R70,000 in two instalments, with no order as to costs.
Special Tribunal – consent order – payment by respondent of R70,000 to applicant – payment into applicant's bank account – two equal instalments – first instalment paid; second due – no order as to costs.
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21 November 2025 |
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An amendment seeking monetary relief and veil-piercing needs a clear factual foundation; leave granted subject to a substantial affidavit and costs.
Administrative / procurement law – review of emergency procurement contracts – alleged illegality and public-interest investigatory relief
Civil procedure – amendment of pleadings in application proceedings – permissive principle; Evins/Villa Crop/Affordable Medicines authority
Relief sought – debatement of monies, repayment with interest, piercing the corporate veil and monetary orders – requires adequate factual foundation
Costs – amendment disallowed without substantial affidavit would be unfair; applicant ordered to pay costs (scale C, two counsel)
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11 November 2025 |
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Late review condoned; emergency procurement of toilets was irregular, contract set aside and supplier profits ordered forfeited.
Procurement law — Section 217 Constitution — PFMA — Treasury Regulation 16A.6.4 and emergency procurement — irregular expenditure — delivery prior to appointment, pre-bid contact, backdating, false declarations, split payments — review and setting aside of contract — SIU remedial powers — disgorgement of profits — disciplinary measures.
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6 November 2025 |
| October 2025 |
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Irregular emergency procurement violated s217; award set aside and supplier ordered to account and disgorge profits.
Public procurement – constitutional duty under s217 – emergency procurement and National Treasury Instruction Notes – irregular deviation from transversal contracts – supplier innocence and estoppel not a bar – hearsay inadmissibility – review and setting aside of award – disgorgement of profits as just and equitable remedy.
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30 October 2025 |
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Tribunal varied preservation order to empower a Curator to seize and inventory syndicate assets (including bank records and crypto) up to R900m.
Special Tribunal – Variation of prior preservation order – Ex parte hearing and dispensation of service – Endorsement of caveats on title deeds – Appointment and expansive powers of Curator to assume custody, inventory and seize assets (including crypto) up to R900 million – Compulsion of banks to disclose account/investment records – Authorised searches, use of locksmiths and reasonable force, seizure, photographing and requiring surrender of assets
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7 October 2025 |
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The applicant failed to prove corrupt collusion; procurement irregularities alone did not justify setting aside the contract.
Public procurement – Supply Chain Management – emergency procurement during COVID-19 – deviations from SCM and National Treasury notes – procedural irregularities do not alone prove corruption
Evidence – civil standard – inferential reasoning and circumstantial evidence – requirement of primary objective facts; limits to extended inference. Special Tribunal procedure – Rule 19 and s 9(3) SIU Act – evidentiary flexibility does not justify speculation or abandonment of proof obligations
Relief – setting aside contracts and disgorgement require proof of unlawful award or corrupt agreement, not merely irregular process
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7 October 2025 |
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The Tribunal granted an interim preservation order restraining respondents from dealing in specified properties and directed caveats pending review.
Special Tribunal — SIU Act s8(2) — interim preservation orders prohibiting dealing in property — Rules 23(1) and 23(4)(a) — condonation for non-compliance with Rule 12(2) — Registrar of Deeds directed to lodge caveat — reconsideration under Rule 12(9) and case management under Rule 19.
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3 October 2025 |
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Applicant failed to establish entitlement to an interim preservation order restraining rental payments under disputed lease.
Special Investigating Unit – interim preservation order – request to restrain rental payments and to pay rentals into trust pending trial. Procurement law – alleged contravention of Section 217(1) of the Constitution and fraud – does not automatically justify interim interference. Interim relief – requirements of prima facie right, irreparable harm, balance of convenience and absence of alternative remedies; failure to establish same leads to dismissal. Contract law – court reluctant to interfere with existing, operative lease without adequate justification
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1 October 2025 |
| September 2025 |
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Ex parte interim preservation order appoints Curator Bonis, restrains asset disposal, and pierces corporate/trust veils pending SIU proceedings.
* Special Tribunal – Ex parte interim preservation/interdict – appointment of Curator Bonis – restraint on alienation and encumbrance of specified movable and immovable assets pending SIU civil proceedings. Powers of Curator Bonis – custody, preservation, insurance, collection of income, sale/lease with proceeds preserved in trust. Piercing corporate and trust veils – directors and trustees made personally liable for acts of entities/trust for interim relief. Interaction with SARS/AFU enforcement – existing attachments/forfeitures preserved; returned assets subject to Tribunal preservation. Mandatory full and frank sworn disclosure of assets by implicated parties
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29 September 2025 |
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PPE supply contract void where supplier lacked required SAHPRA distribution licence; repayment, interest and costs ordered.
Procurement law – emergency procurement and deviations – TNI 8/2019/20 and TNI 3/2020/21; Public Finance Management Act compliance; Medical regulatory law – Masks as medical devices; SAHPRA licensing requirement for manufacture/distribution/wholesale; Consequence of unlawful distribution – contract void ab initio and restitution; Interest and costs (including two counsel).
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29 September 2025 |
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A fraudulent misstatement of tendering experience and improper evaluation rendered the award and contract unlawful; repayment ordered.
• Administrative law – Public procurement – Section 217 Constitution – requirement of fair, equitable, transparent and cost‑effective procurement. • Tender evaluation – Application of functionality sub‑criteria; invalid scoring and unjustified departure from highest‑scoring bidder. • Fraud in procurement – Misrepresentation of past projects; fraud vitiates procurement and unravels contracts. • CIDB Regulations – Contractor grading limits and reasonable excess; award beyond grading unlawful. • Remedy – Review and setting aside of award and contract; restitution/order for repayment; costs (including two counsel).
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5 September 2025 |
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Stay pending review refused where review of SIU report would not dispose of SIU’s distinct civil claim; costs to SIU.
Special Tribunal — stay pending review — test for stay: same issues/parties, prospects of success, balance of convenience, interests of justice — where SIU civil claim rests on evidentiary enquiry into irregular supplier appointment, review of SIU report findings against one respondent did not resolve civil claim — stay refused; amendment to limit stay to that respondent granted.
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3 September 2025 |
| August 2025 |
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Applicant granted leave to admit third supplementary affidavit as new material justified departure from ordinary affidavit limits; costs reserved.
Supplementary affidavits — discretion to permit further affidavits where new, material evidence emerges; lapsed appeal under Rule 49; bare denials insufficient to defeat admission; hearsay/expert-report objections go to weight, not interlocutory admission; costs reserved to main application.
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26 August 2025 |
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Delay condoned; emergency procurement complied with treasury rules and section 217; review dismissed and costs awarded against the applicant.
Special Tribunal — emergency procurement during National State of Disaster — Treasury Regulation 16A.6.4 and NT Instruction Note 5 — review of procurement under section 217 Constitution and PFMA — condonation of delay — materiality of procedural irregularities — necessity for consequential relief and costs where investigatory findings do not support review.
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20 August 2025 |
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Tender award and contract declared invalid; respondents ordered to account and repay profits following setting aside of SLA.
Administrative law – procurement – setting aside of unlawful tender award – invalidity of Service Level Agreement – restitution and provision of financial disclosure for determination of profit to be repaid – process for dispute resolution following setting aside of public contract
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19 August 2025 |
| July 2025 |
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SIU failed to prove wilful, mala fide non‑compliance with Tribunal order; contempt application dismissed.
Contempt of court – civil contempt requisites: existence and service of order, non‑compliance, wilfulness and mala fides proven beyond reasonable doubt. Jurisdictional challenge and pending review – launching review proceedings may be bona fide and not necessarily evidence of contumacious conduct. Tribunal procedure – effect of paragraph 8 (Case Management Conference) on enforcement steps
Relief – committal/arrest and coercive measures inappropriate where mala fides not proved; no costs ordered
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23 July 2025 |
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Applicant had standing but failure to join National Treasury barred review of procurement deviation, so application dismissed.
Administrative law – review of procurement award – SIU locus standi under Presidential Proclamation and s5(5) SIU Act; harmonious interpretation of Proclamation and Schedule. Procurement law – Constitution s217, PFMA and Treasury Regulations – deviations from normal procurement; urgency and self-created urgency. Civil procedure – joinder – decision of National Treasury granting a deviation remains valid until set aside; non-joinder fatal to review
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10 July 2025 |
| June 2025 |
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NLC grant decisions set aside as unlawful for conflict of interest; Board member and beneficiary entities ordered to repay funds.
Administrative law – review – grant funding – irregular awarding of public funds – conflict of interest – breach of fiduciary duties – admissibility of hearsay evidence – motion proceedings – personal liability of public officials – just and equitable relief – corruption and constitutional principles
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30 June 2025 |
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Court voids tenders awarded to Kroucamp Plumbers due to corruption and lifts corporate veil for direct liability.
Administrative law – Tenders – Legality of tender awards – Fraudulent practices and conflicts of interest; Corporate law – Lifting the corporate veil; Application for condonation – delay – Interests of justice.
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13 June 2025 |
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Special Tribunal grants interim interdict against pension fund withdrawal amid allegations of public fund misappropriation.
Pension Funds - Interim interdict - Jurisdiction of Special Tribunal - Misconduct leading to public fund misappropriation - Procedural errors in entity citation rectified without prejudice.
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10 June 2025 |
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The court nullified a contract due to irregular procurement processes violating constitutional principles.
Procurement Law – irregularity in awarding and extending public contracts – legality and constitutionality under section 217 of the Constitution – setting aside of appointments and contracts due to procedural failings.
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5 June 2025 |
| May 2025 |
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Urgent application granted to interdict pension payments pending finalization of legal proceedings.
Special Tribunal – Urgent Application – Condonation for non-compliance with rules – Pension benefits – Interdict pending finalization of proceedings.
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15 May 2025 |
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Tribunal found contract awards and payments to Buthelezi EMS entities unlawful, ordering restitution and financial scrutiny.
Public procurement - Invalid contract awards and unlawful payments - Restitution obligations for unlawfully received funds - Procedure for financial accountability and recovery.
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5 May 2025 |
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Contracts awarded to Vitae Zoe for temperature devices declared unlawful, prompting financial review and costs orders.
Public procurement - Unlawful contract award - Contracts declared invalid - Financial rectification ordered - Costs awarded to applicant
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5 May 2025 |
| April 2025 |
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Government procurement of Microsoft Licenses declared unconstitutional, requiring SoftwareOne to repay derived profits.
Contract Law – Procurement – Constitutionality of government contracting process – Award and agreements declared unconstitutional and set aside.
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30 April 2025 |
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Tribunal granted ex parte interim restraint and caveat preventing transfer or encumbrance of specified property pending SIU proceedings.
Special Tribunal – ex parte interim relief – Preservation order restraining sale, transfer or encumbrance of immovable property – Power to hear in chambers without notice (Rule 24) – Direction to Deeds Registry to register caveat – Interim relief pending institution of civil proceedings (60 court days) – Right to apply for reconsideration and judicial case management.
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23 April 2025 |
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The Tribunal appointed a curator bonis to preserve assets pending litigation, restricting certain asset transactions.
Special Tribunal Order – Curatorship appointment – Asset restraint pending litigation – Costs of asset management
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22 April 2025 |
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Interim interdict granted preventing disposal of Mercedes-Benz pending investigation; disclosure and insurance required.
Interim relief – Interdiction against asset disposal pending investigation – Obligation to disclose and insure asset – Reconsideration under Tribunal rules
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15 April 2025 |
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Special Tribunal restricts dealings with property in an ex parte order pending civil case resolution.
Special Tribunal order – Ex parte application – Immoveable property – Property dealing prohibition – Reconsideration procedures
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8 April 2025 |
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Interdict granted to prevent disposition of assets pending civil recovery proceedings by the State.
Asset preservation – Interdict – Interim relief against property transactions pending civil proceedings for State recovery claims under SIU Act
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8 April 2025 |
| March 2025 |
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Interim preservation order restraining pension payout and beneficiary withdrawals pending resolution of review proceedings.
Interim relief – preservation of assets – prohibition against payment or disposal of pension fund benefits pending review proceedings; Pension law/administration – restraint on pension fund and administrator from paying benefit; Interim prohibitory relief – beneficiary restrained from withdrawing or dealing with funds; Costs reserved to main application.
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31 March 2025 |
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Civil Remedies – Injunctions and interdicts – Interdict
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17 March 2025 |
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Civil Remedies – Injunctions and interdicts – Interlocutory
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4 March 2025 |
| February 2025 |
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Civil Procedure – Appeals and reviews – Judicial Review
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18 February 2025 |
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Civil Procedure – Parties – Joinder Civil Procedure – Pleadings – Amendment to Pleadings
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17 February 2025 |
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Civil Procedure – Appeals and reviews – Administrative review Civil Procedure – Orders – Condonation Special Tribunal – Administrative Law – Government Contracting
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12 February 2025 |
| January 2025 |
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Civil Remedies – Special Tribunal – Ex Parte Order
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23 January 2025 |
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Civil Procedure – Parties - Joinder
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23 January 2025 |
