Corruption, fraud and illicit money flows

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160 documents

Title	Jurisdiction		Date
Special Investigating Unit v Mgwangwa and Others (EC05/2020) [2020] ZAST 6 (30 October 2020) Whether immediate interim freezing orders and payment interdictions may be granted to preserve funds related to COVID‑19 PPE contracts. Urgent application; condonation of non‑compliance; interim freezing orders (Mareva‑style) against bank accounts; interdict restraining government payments related to COVID‑19 PPE procurement; rule nisi to show cause; asset preservation pending litigation.	Johannesburg	Judgment	30 October 2020
Ex parte: Special Investigating Unit and Others v Zibani and Others (GP15/2020) [2020] ZAST 7 (16 October 2020) Tribunal granted interim interdiction preventing payment of a respondent's pension benefits pending further proceedings. Special Tribunal — urgent ex parte application — condonation of non-compliance with Tribunal rules — rule nisi issued — interim interdict restraining pension fund and administrator from paying respondent's benefits pending final determination — costs on attorney-and-client scale for opposing respondents — media disclosure restricted until service and filing.	Johannesburg	Judgment	16 October 2020
Special Investigations Unit v Caledon River Properties (Pty) Limited t/a Magwa Construction and Others (GP12/2020) [2020] ZAST 8 (16 October 2020) Application withdrawn by agreement; applicant/department must institute proceedings within 20 days while respondents are temporarily restrained from claiming or receiving GCC payments. Special Tribunal — Application withdrawn by agreement — Applicant/Department ordered to institute proceedings within 20 days — Interim restraint on respondents making claims and Department paying under GCC 2010 — Failure to institute permits respondents to enforce GCC rights — Costs reserved — Respondents’ undertaking to pay any amount ordered.	Johannesburg	Judgment	16 October 2020
Special Investigating Unit v MEC for Health: Eastern Cape Province and Others (Order) (EC04/2020) [2020] ZAST 9 (18 September 2020) Applicant obtained interim interdict preventing payment and implementation of a R10,148,750 tender pending review. Urgent application — condonation of non-compliance with procedural rules — interlocutory interdict restraining payment of R10,148,750 under tender SCMU3-20/21-0022-HO — restraint on implementation of tender — relief pending review.	Johannesburg	Judgment	18 September 2020
Ex parte: Special Investigating Unit v Ledla Structural Development (Pty) Ltd and Others (GP07/2020) [2020] ZAST 14 (20 August 2020) Tribunal granted ex parte interim asset restraints and suspended a disputed COVID‑19 PPE contract pending review. Special Tribunal – SIU ex parte urgent interim relief – restraint of assets – suspension and interdiction of COVID‑19 PPE contract – interdiction of pension disbursements – Rule Nisi for forfeiture and review – preservation of state funds.	Johannesburg	Judgment	20 August 2020
Ex parte: Special Investigating Unit and Another v Msagala and Others (GP03/2020) [2020] ZAST 16 (30 July 2020) Tribunal granted urgent ex parte preservation orders, appointed a curator bonis, and interdicted retirement benefit payments pending recovery action. Special Tribunal – urgent ex parte preservation orders – appointment of curator bonis – interim restraint on dealing with assets – interdiction of retirement fund from releasing benefits – rule nisi for forfeiture and return date directions.	Johannesburg	Judgment	30 July 2020
Special Investigating Unit and Another v Lekalakala and Others (NW07/2020) [2020] ZAST 15 (20 July 2020) Tribunal permits temporary withholding of a former official’s pension under s37D pending SIU action to prevent dissipation. Special Tribunal — interim interdict restraining pension payment pending SIU proceedings. Pension law — s37D(1)(b) Pension Funds Act — purposive interpretation permits withholding pending determination of liability. Interim relief — prima facie right, irreparable harm, balance of convenience, and availability of alternative remedies. Procedure — discretion to admit defective affidavits in public-interest matters; conditional, time-limited orders to encourage expedition.		Judgment	20 July 2020
Special Investigating Unit and Others v Lekabe and Others (GP10/2019) [2020] ZAST 17 (21 January 2020) Applicants entitled to interim restraint of pension payout pending final determination due to prima facie right and risk of irreparable harm. Interim relief – interim interdict – prima facie right, irreparable harm, balance of convenience and alternative remedy – restraint on payment of pension benefits pending final determination; delay and adequacy of alternative security (immovable property equity).	Johannesburg	Judgment	21 January 2020
Nieuwenhuizen v S (20339/2014) [2015] ZASCA 90 (29 May 2015) Court upheld a six-year sentence for fraud, finding no material misdirection or shocking disproportionality. Criminal procedure – sentence – fraud – appellate interference only where trial court materially misdirected itself or sentence is shockingly inappropriate; consideration of offender's personal circumstances, lack of remorse, premeditation, recovery of funds by third parties, and delay in prosecution as sentencing factors.		Judgment	29 May 2015
Special Investigating Units and Special Tribunals Act, 1996		Act	20 November 1996