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South Africa decisions
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Special Investigating Unit v Yokulinda and Others (GP/01/2022) [2023] ZAST 1 (3 January 2023)
The Special Tribunal granted the SIU an extension to file review proceedings, revived the preservation order, and dismissed all reconsideration, striking-out, and rescission applications.
Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another v Special Investigating Unit and Another (GP/17/2020) [2022] ZAST 20 (8 September 2022)
The Tribunal held that section 8(7) of the Special Investigating Units and Special Tribunals Act confers an automatic right of appeal to the Full Court of the High Court Division with jurisdiction against any ruling, decision, or order of the Tribunal, except where such a ruling, decision, or order would not be subject to appeal if made by the High Court. This right is not qualified by a requirement for leave to appeal, and Tribunal Rules cannot limit this statutory right. Sections 16 and 17 of the Superior Courts Act do not apply to appeals from the Tribunal, as the Tribunal's powers are der…
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Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2022] ZAST 15 (29 June 2022)
The Tribunal held that Uniform Rule 53 does not apply to self-review applications brought by organs of State such as the SIU and the MEC: Gauteng Department of Health. The review application was properly brought under Tribunal Rule 10, and the respondents are not obliged to deliver a record of the impugned decision in terms of Uniform Rule 53(1)(b). LNG Scientific (Pty) Ltd is not prejudiced by the procedure adopted, as the respondents have tendered discovery of relevant documents under Tribunal Rule 17(4) read with Uniform Rule 35(13), (1), and (2). The Tribunal specified that discovery shou…
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Ledla Structure Development (Pty) Ltd and Others v Special Investigating Unit and Another (GP 07/2020) [2022] ZAST 5 (23 February 2022)
Special Tribunal dismissed an urgent application to release forfeited funds for legal costs pending leave to appeal, finding the applicants had not met Rule 23(10)(b).
Special Investigation Unit (SIU) and Others v Lekabe (GP09/2019) [2021] ZAST 8 (23 August 2021)
The Special Tribunal held that a notice of bar under Tribunal rule 13(7) could not be used against an exception, and dismissed the defendant’s application with costs.
Special Investigating Unit v Hlatshwayo and Another (GP/20/2020) [2021] ZAST 3 (12 February 2021)
The Special Tribunal dismissed a procedural point and extended a rule nisi preserving Jacob Hlatshwayo’s pension benefits pending SIU proceedings.
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