Johannesburg – The Special Investigating Unit’s authority to probe beneficiaries of the National Lottery Commission as part of its investigation into allegations of corruption at the parastatal is being legally challenged by one of the non-profit organisations.
Denzhe Primary Care director, Liesl Joy Moses, has applied for an urgent court interdict in the Pretoria High Court to prohibit Special Investigating Unit ( SIU) from questioning her about over R27 million her organisation received in 2016 from the commission to build a drug rehabilitation centre in Pretoria.
It was alleged in the media that the funds were not properly used and benefitted certain NLC officials.
The SIU subpoenaed Moses and informed her that they were investigating irregularities, serious maladministration and improper or unlawful conduct of the commission employees, among others, as per proclamation signed by President Cyril Ramaphosa on November 6 last year .
They ordered Moses to appear before the unit to answer questions about her current and former spouses, or immediate family members including children and her parents and their contact details, her involvement in the Denzhe Primary Care and registration of the organisation.
The unit also wanted her to answer questions relating to movable and immovable properties registered under her, husband and or joint estate, and their total outstanding balance in the bank.
The unit also demanded bank accounts and statements of the organisation indicating how the funds were utilised, project reports for the development of the drug centre and details of the engineers and contractors used in the building of the centre.
Moses applied for an order to interdict the SIU investigation and said the unit has no jurisdiction to investigate the beneficiaries.
She also said the unit‘s investigation style was unconstitutional as it seeks to deny her constitutional right to remain silent.
“Section 2 of Special Investigating Unit and Tribunals Act 74 of 1996 be declared unconstitutional to the extent that it does not afford persons the right to remain silent. Alternatively, the manner of investigation and or questions, as outlined by the Notice to Appear read with its annexures, is irrational and invalid to the extent that it goes beyond the authorisation mandate by the gazette that empowers it to do so,” read her application.
Moses said she received an email on May 17 from the SIU to appear on May 31 to be questioned under oath.
She said she appeared before the special tribunal but the hearing was postponed to Wednesday, June 2 but on the date she could not attend because she was ill.
Moses said after getting medical treatment she sought legal advice about the investigation before her next hearing scheduled for June 14.
“On the same day, I caused my attorneys of record to dispatch a notice in the form of a letter, to the attention of the SIU and clearly indicate that given the legal advice I have obtained, I now have objection on attending the scheduled meeting with the SIU on the basis of the process and its regulatory framework of laws being most probably illegal,” read the papers.
She said the SIU wrote back on June 11 and rejected her letter and advised her to rather challenge the matter in court.
Moses pleaded with the court to interdict the hearing pending the outcome of proceedings to challenge the jurisdiction of the SIU in the normal court.
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