The Special Investigating Unit (SIU) is considering legal options following the high court judgement barring it from investigating Telkom.
This comes after the state-owned telecommunication entity went to the Pretoria High Court to interdict President Cyril Ramaphosa regarding his proclamation that authorised the SIU to investigate Telkom, alleging serious maladministration and possible corruption.
This week the state-owned entity emerged victorious after Judge Vuyelwa Tlhapi ruled the government was simply an investor, and that the telecommunication business was actually not owned by the state as per the SIU Act.
However, Tlhapi said despite Ramaphosa’s decision being irrational to have SIU to investigate Telkom, if certain jurisdictional grounds were met, the
organisation could be probed by the crime-busting unit.
The SIU is now considering legal options.
Spokesperson for the SIU Kaizer Kganyago said: “The SIU has studied the judgment and is considering legal options available to it to clarify what constitutes a state institution.
“The judgment has considered the question of what constitutes a state institution. In terms of the Special Investigating Units and Special Tribunals Act 74 0f 1996, the SIU is empowered to investigate allegations of corruption and maladministration in the affairs of state institutions like government departments, municipalities, and state-owned entities; to recover financial losses suffered by the state and prevent further losses.”
Considering this, Kganyago said the SIU is of the view that a clarification on what constitutes a state institution is needed.
“This will strengthen the work of the SIU to root out corruption and maladministration in the administration of all state institutions.
We believe that there are grounds justifying an appeal and that the issue of the “state institution” must be decided and settled by a higher court.
“If this is not clarified, it may create an unwelcome precedent that some public institutions may inadvertently be shielded from investigation by the SIU,” he said.
In January 2022, Ramaphosa authorised the SIU to do a full-scale investigation of possible serious maladministration, malpractice, and corruption in connection with the affairs of the state-owned entity.
The investigation to be conducted was based on the allegation that Telkom sold iWayAfrica, Africa Online Mauritius and Multi-Links Communications, a business worth R14-billion for a mere $1.
Telkom filed papers at the Pretoria High Court last year to stop the SIU from investigating its dealings in its African operations dating back to 2006, where iWayAfrica, Africa Online Mauritius and Multi-Links Communications were sold.
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