Special Investigating Unit and Another v Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another (GP/17/2020) [2021] ZAST 4 (26 February 2021)

Special Investigating Unit and Another v Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another (GP/17/2020) [2021] ZAST 4 (26 February 2021)

The Special Tribunal is a court of similar status to the High Court as defined in section 166(e) of the Constitution. Its establishment by presidential proclamation under the Special Investigating Units and Special Tribunals Act does not detract from its status as a court recognized by national legislation. The Tribunal possesses judicial authority, independence, and procedural features akin to the High Court, including the power to adjudicate civil matters arising from SIU investigations and to make any order necessary to give effect to its decisions. Section 170 of the Constitution confers constitutional jurisdiction on courts of similar status to the High Court, except for matters...

Citation
[2021] ZAST 4
Parties
Applicant: Special Investigating Unit; Applicant: National Department of Public Works and Infrastructure; Respondent: Caledon River Properties (Pty) Ltd t/a Magwa Construction; Respondent: Profteam CC
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
26 February 2021
Case Number
GP/17/2020
Procedural Posture
Legality Review / Separate Determination of Jurisdictional Point of Law Prior to Merits
Outcome
The respondents' point of law challenging the jurisdiction of the Special Tribunal is dismissed with costs.
Judges
L T Modiba
Legal Topics
Jurisdiction of Special Tribunal, Declaration of Constitutional Invalidity, Public Procurement, Section 217 Constitution, Special Investigating Units Act, Review of State Contracts
Constitutional Law Administrative Law Civil Procedure Jurisdiction of Special Tribunal Declaration of Constitutional Invalidity Public Procurement Section 217 Constitution Special Investigating Units Act +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Special Investigating Unit

Applicant

National Department of Public Works and Infrastructure

Applicant

Caledon River Properties (Pty) Ltd t/a Magwa Construction

Respondent

Profteam CC

Respondent

Procedural Posture

Legality Review / Separate Determination of Jurisdictional Point of Law Prior to Merits

Legal Issues

  1. 1 Whether the Special Tribunal is a court as defined in section 166(e) of the Constitution.
  2. 2 Whether the Special Tribunal has jurisdiction to make a declaration of constitutional invalidity under section 172(1) of the Constitution.
  3. 3 Whether the manner of establishment of the Special Tribunal by presidential proclamation affects its status as a court.

Ratio Decidendi

The Special Tribunal is a court of similar status to the High Court as defined in section 166(e) of the Constitution. Its establishment by presidential proclamation under the Special Investigating Units and Special Tribunals Act does not detract from its status as a court recognized by national legislation. The Tribunal possesses judicial authority, independence, and procedural features akin to the High Court, including the power to adjudicate civil matters arising from SIU investigations and to make any order necessary to give effect to its decisions. Section 170 of the Constitution confers constitutional jurisdiction on courts of similar status to the High Court, except for matters...

Court Disposition

The respondents' point of law challenging the jurisdiction of the Special Tribunal is dismissed with costs.

Orders

  • The point of law raised by Caledon River Properties (Pty) Ltd t/a Magwa Construction and Profteam CC is dismissed with costs.