Special Investigating Unit

The Special Investigating Unit (SIU) is an independent agency of the South African government which investigates corruption and maladministration in state institutions. It was first established in July 1997 by President Nelson Mandela, although it has not operated continuously since then. As of 2022, the SIU was headed by Advocate Andy Mothibi[1] and had its headquarters in Meyer's Park, Pretoria.[2]

Special Investigating Unit
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AbbreviationSIU
Agency overview
FormedJuly 1997; 27 years ago (1997-07)
Jurisdictional structure
Operations jurisdictionSouth Africa
Constituting instrument
  • Special Investigating Units and Special Tribunals Act No. 74 of 1996
Operational structure
Overseen byMinister of Justice and Constitutional Development
HeadquartersRentmeester Building, 74 Watermeyer Street, Meyerspark, 0183, Pretoria
Map
Website
https://www.siu.org.za/

Its primary mandate is to provide anti-corruption, forensic investigation, and litigation services to combat corruption, serious malpractice, and maladministration in state institutions.[3] It therefore not only investigates cases but also is empowered to take civil action to correct wrongdoing which it uncovers, including by recovering financial losses suffered by the state.[3] It also has the power to subpoena witnesses, bank statements, and cellphone records; powers of search and seizure; and power to interrogate witnesses under oath. However, it is required to refer evidence of criminal conduct to the National Prosecuting Authority.[3]

History

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It is an independent statutory body under South Africa's Special Investigating Units and Special Tribunals Act No. 74 of 1996.[3] It was established on 14 July 1997 by Presidential Proclamation R24 of 1997, signed by Nelson Mandela to enact that law.[4] Its mandate was to investigate serious malpractice or maladministration in connection with the administration of state institutions, assets, or money, as well as any conduct which may seriously harm the interests of the public.[2]

Although it was intended to be a temporary body, it continued its anti-corruption work until dissolved by a 2001 Constitutional Court ruling. It was re-established after legislative amendments were made to address the Court's complaints.[4] Under President Jacob Zuma, the agency was part of the government's multi-disciplinary Anti-Corruption Task Team.[5] In 2019, the Special Tribunal was established to hear civil litigation matters arising from SIU investigations, including on asset forfeiture, meaning that the SIU no longer has to institute such matters in the mainstream high courts.[4]

See also

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References

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  1. ^ Annual Report of the Special Investigating Unit 2021/22 (PDF). 2022. ISBN 978-0-621-50685-3. Retrieved 20 November 2022.
  2. ^ a b "Fearless: How the SIU recovered millions in 2017". South African Government News Agency. 6 March 2018. Retrieved 20 November 2022.
  3. ^ a b c d "About SIU". 2022.
  4. ^ a b c "Special Investigating Unit on 25 years of striking against corruption". South African Government. 13 July 2022. Retrieved 20 November 2022.
  5. ^ "Special Investigating Unit gets close to the fire". The Mail & Guardian. 2 December 2011. Retrieved 20 November 2022.
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