Ledla Structural Development (Pty) Ltd and Others v Special Investigating Unit (CCT 319/21)
Ledla Structural Development (Pty) Ltd and Others v Special Investigating Unit (CCT 319/21) [2023] ZACC 8; 2023 (6) BCLR 709 (CC); 2023 (2) SACR 1 (CC) (10 March 2023)
The Constitutional Court held that the Special Tribunal is not a court as contemplated by section 166 of the Constitution, given its ad hoc establishment, lack of security of tenure for members, and limited jurisdiction to civil proceedings arising from SIU investigations. However, the Tribunal is empowered by section 8(2) of the SIU Act to adjudicate any civil proceedings brought by the SIU, which includes legality reviews of unlawful contracts. The Tribunal's powers are broader than those of the Competition Tribunal, as there is no statutory carve-out limiting its jurisdiction over legality…
Source excerpt
- Special Investigating Units Act
- Legality Review
- Forfeiture Orders
- Tender Procurement
- Section 217 Constitution
- Powers Of Tribunals