Special Investigating Unit v Yokulinda and Others (GP/01/2022) [2023] ZAST 1 (3 January 2023)

Special Investigating Unit v Yokulinda and Others (GP/01/2022) [2023] ZAST 1 (3 January 2023)

The Tribunal found that it has the power under Rule 14 to extend time periods stipulated in its orders, including those that have expired, where good cause is shown and the interests of justice demand it. The SIU provided an adequate explanation for the delay, demonstrated ongoing investigations into serious malfeasance involving public funds, and showed good prospects of success. The prejudice to respondents was minimal, and all parties had participated in case management and pleadings. The reconsideration applications failed to present facts that would have altered the original decision to grant the preservation order, and the SIU established a prima facie case for preservation. The...

Citation
[2023] ZAST 1
Parties
Applicant: Special Investigating Unit; Respondent: Inqaba Yokulinda; Respondent: Audrey Buyisiwe Khoza; Respondent: Tshepo Montsho; Respondent: Unicus Solu(IT)ons; Respondent: Jabulani Sibanda; Respondent: Tshifhiwa Terence Magogodela; Respondent: Boitumelo Diutlwileng; Respondent: Philemon Rasemate Letwaba; Respondent: Thandisenzo Aleck Skhosana; Respondent: Marubini Livingstone Ramatsekisa; Respondent: Thabang Charlotte Mampane; Respondent: Gloria Khoza; Respondent: The National Lotteries Commission
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
3 January 2023
Case Number
GP/01/2022
Procedural Posture
Interlocutory Application / Judgment on Extension, Reconsideration, Striking Out, and Rescission Applications
Outcome
Extension application granted; preservation order revived; all other applications dismissed with costs.
Judges
S Naidoo
Legal Topics
Special Tribunals Act, Preservation Order, Extension of Time, Review Application, Condonation, Grant Funding Irregularities
Administrative Law Civil Procedure Commercial and Corporate Special Tribunals Act Preservation Order Extension of Time Review Application Condonation +1 more

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Parties

Special Investigating Unit

Applicant

Inqaba Yokulinda

Respondent

Audrey Buyisiwe Khoza

Respondent

Tshepo Montsho

Respondent

Unicus Solu(IT)ons

Respondent

Jabulani Sibanda

Respondent

Tshifhiwa Terence Magogodela

Respondent

Boitumelo Diutlwileng

Respondent

Philemon Rasemate Letwaba

Respondent

Thandisenzo Aleck Skhosana

Respondent

Marubini Livingstone Ramatsekisa

Respondent

Thabang Charlotte Mampane

Respondent

Gloria Khoza

Respondent

The National Lotteries Commission

Respondent

Procedural Posture

Interlocutory Application / Judgment on Extension, Reconsideration, Striking Out, and Rescission Applications

Legal Issues

  1. 1 Whether the Special Tribunal may extend the time period stipulated in a preservation order after its expiry.
  2. 2 Whether the SIU has shown good cause for condonation and extension of time to institute review proceedings.
  3. 3 Whether the reconsideration applications by the respondents should succeed in setting aside the preservation order.

Ratio Decidendi

The Tribunal found that it has the power under Rule 14 to extend time periods stipulated in its orders, including those that have expired, where good cause is shown and the interests of justice demand it. The SIU provided an adequate explanation for the delay, demonstrated ongoing investigations into serious malfeasance involving public funds, and showed good prospects of success. The prejudice to respondents was minimal, and all parties had participated in case management and pleadings. The reconsideration applications failed to present facts that would have altered the original decision to grant the preservation order, and the SIU established a prima facie case for preservation. The...

Court Disposition

Extension application granted; preservation order revived; all other applications dismissed with costs.

Orders

  • Condonation for the late filing of the Extension Application by the SIU is granted.
  • The order of 14 February 2022 is revived and re-instated to the extent necessary.