The Special Investigating Unit (SIU) has announced its plans to appeal a recent High Court judgment that invalidated its authorization to investigate Telkom’s affairs.
The court ruling, issued last month, stated that Telkom is not a state institution, and therefore, the SIU does not have the authority to probe allegations of serious maladministration, malpractice, and possible corruption within the telecommunications company.
The Special Investigating Unit (SIU) has filed papers to apply for leave to appeal the decision of the High Court of South Africa, Gauteng Division Pretoria, relating to the Unit’s investigation into the affairs of Telkom. pic.twitter.com/ma7iEku2je
— Special Investigating Unit (SIU) (@RSASIU) August 14, 2023
Following consultations with its legal team, the SIU believes there are sufficient grounds for an appeal. The unit is seeking clarification on what constitutes a state institution and hopes that a favorable judgment will set a crucial legal precedent for investigating similar cases in the future.
At present, the government holds a 40.5% shareholding in Telkom directly, with an additional 15.3% shareholding through the Public Investment Corporation. Consequently, resolving the “state institution” matter is of utmost importance to prevent potential loopholes that could shield public institutions from scrutiny.
The SIU emphasizes the urgency of clarifying the definition of a state institution to avoid any unintended consequences that might hinder its efforts to combat maladministration and corruption.
The unit asserts that resolving this matter is vital to ensure transparency and accountability within the public sector.
As the SIU prepares to file their application for leave to appeal, they express hope that the court will grant them the opportunity to present their case and provide guidance on the scope of their investigative powers.
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