Special Investigating Unit v Nadasen (5/2001) [2001] ZASCA 117; [2002] 2 All SA 170 (A); 2002 (1) SA 605 (SCA); 2001 (2) SACR 720 (SCA) (28 September 2001)

Special Investigating Unit v Nadasen (5/2001) [2001] ZASCA 117; [2002] 2 All SA 170 (A); 2002 (1) SA 605 (SCA); 2001 (2) SACR 720 (SCA) (28 September 2001)

The Supreme Court of Appeal held that Proclamation R24 was issued pursuant to section 14(1) of the Special Investigating Units and Special Tribunals Act at the request of the Eastern Cape executive authority, and its terms of reference must be interpreted in that context. The President did not consult with all provincial premiers, which is a statutory requirement for extending jurisdiction to matters within the exclusive competence of other provinces. The omission of territorial reference in paragraph 4(1) of the Proclamation does not justify a broader interpretation, given the constitutional autonomy of provinces and the genesis of the Proclamation. Accordingly, the Special Investigating...

Citation
[2001] ZASCA 117
Parties
Applicant: THE SPECIAL INVESTIGATING UNIT; Respondent: ANTHIMOOLAN NADASEN
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2001
Case Number
5/2001
Procedural Posture
Civil Appeal / Appeal From Full Court of the Natal Provincial Division
Outcome
Appeal dismissed with costs.
Judges
Vivier, Harms, Marais, Schutz, Cameron
Legal Topics
Special Investigating Units and Special Tribunals Act, Jurisdiction of Special Tribunals, Interpretation of Presidential Proclamations, Standing of State Institutions
Administrative Law Civil Procedure Special Investigating Units and Special Tribunals Act Jurisdiction of Special Tribunals Interpretation of Presidential Proclamations Standing of State Institutions

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 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

THE SPECIAL INVESTIGATING UNIT

Applicant

ANTHIMOOLAN NADASEN

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of the Natal Provincial Division

Legal Issues

  1. 1 Whether the Special Investigating Unit had jurisdiction to investigate and institute proceedings regarding the affairs of a KwaZulu-Natal local authority under Proclamation R24.
  2. 2 Whether the Special Tribunal had jurisdiction to adjudicate the action brought by the Unit.
  3. 3 Whether the terms of Proclamation R24 extended to matters within the exclusive competence of provinces other than the Eastern Cape.

Ratio Decidendi

The Supreme Court of Appeal held that Proclamation R24 was issued pursuant to section 14(1) of the Special Investigating Units and Special Tribunals Act at the request of the Eastern Cape executive authority, and its terms of reference must be interpreted in that context. The President did not consult with all provincial premiers, which is a statutory requirement for extending jurisdiction to matters within the exclusive competence of other provinces. The omission of territorial reference in paragraph 4(1) of the Proclamation does not justify a broader interpretation, given the constitutional autonomy of provinces and the genesis of the Proclamation. Accordingly, the Special Investigating...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • A copy of the judgment is to be served on the executrix of the second defendant.