By Karabo Marifi
President Cyril Ramaphosa has appointed the Tribunal President and Judges of the Special Tribunal, marking a decisive step in South Africa’s ongoing fight against corruption, fraud, and illicit financial flows.
The Special Tribunal, established under the Special Investigating Units and Special Tribunal Act of 1996, has a statutory mandate to recover public funds lost through these malpractices. This newly appointed team, led by Tribunal President Judge Margaret Victor, will adopt a unique approach to expedite justice and ensure accountability.
The appointments, announced by The Presidency on Friday, signal a renewed commitment to transparency, accountability, and the rule of law in South Africa. This article examines the implications of these appointments for the fight against corruption, explores the unique role of the Special Tribunal, and reflects on the broader impact of this judicial body on governance and public trust.
Understanding the Role of the Special Tribunal
The Special Tribunal, unlike ordinary courts, operates with an inquisitorial approach, meaning its proceedings focus on uncovering the truth rather than simply resolving disputes between two parties. This framework allows the tribunal to expedite cases that would otherwise languish in the traditional court system, making it an essential tool in the fight against corruption. Its unique mandate includes recovering assets and funds lost to corruption and fraud, often by investigating complex networks of financial misconduct.
The tribunal’s remit includes cases referred by the Special Investigating Unit (SIU), which conducts extensive investigations into public sector misconduct. By collaborating with the SIU, the Special Tribunal is positioned to act swiftly, bringing cases to trial with a focus on restoring public funds. This approach aligns with President Ramaphosa’s broader anti-corruption strategy, which aims to restore public confidence in state institutions and ensure that those responsible for corruption are held accountable.
The Newly Appointed Judges: A Diverse and Skilled Panel
President Ramaphosa’s appointments to the Special Tribunal bring together a diverse and highly qualified group of judges from various divisions of the High Court. Each judge brings a wealth of legal expertise, regional insight, and experience in handling complex cases:
1. Judge Margaret Victor (Tribunal President) – Appointed as the Tribunal President, Judge Victor’s extensive experience and dedication to justice make her an ideal leader for the Special Tribunal. Known for her rigorous approach to legal proceedings, Judge Victor is expected to set a high standard for transparency and accountability in the tribunal’s operations.
2. Judge Thandi Victoria Norman (Eastern Cape Division) – With a background in the Eastern Cape Division, Judge Norman brings valuable regional knowledge and a commitment to public service, making her well-suited for cases involving local governance and regional corruption issues.
3. Judge David Makhoba (Gauteng Division) – As a judge from the Gauteng Division, Judge Makhoba has presided over numerous high-profile cases and is known for his methodical and fair-minded approach to justice.
4. Judge Brian A Mashile (Mpumalanga Division) – Judge Mashile’s appointment reflects the government’s commitment to addressing corruption across all provinces. His background in Mpumalanga positions him to tackle cases of provincial significance.
5. Judge Andre Henry Petersen (North West Division) – Judge Petersen’s expertise from the North West Division brings a balanced and thorough approach to the Special Tribunal, complementing the broader team.
6. Judge Chantel Moira Jennifer Fortuin (Western Cape Division) – Judge Fortuin’s background in the Western Cape adds diversity to the tribunal, enhancing its ability to handle cases across various jurisdictions and ensuring a well-rounded perspective in its proceedings.Download Here:
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