The Special Investigating Unit (SIU) of South Africa is an independent statutory body that is accountable to Parliament and the Presdent. It was established to conduct investigations at the President’s request, and to report to him on the outcomes thereof.
The SIU was created in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996). The SIU was initially headed by former Judge Willem Heath, who resigned in June 2001 after the Constitutional Court ruled that a judge could not head the SIU. The SIU then formally ceased to exist.
A new SIU was established in July 2001 through a presidential proclamation.
The SIU functions in a manner similar to a commission of inquiry, in that the President refers cases to it by way of a proclamation. It may investigate any matter set out in Section 2 of the SIU and Special Tribunals Act, 1996, regarding:
- serious maladministration concerning the affairs of any state institution;
- improper or unlawful conduct by employees of any state institution;
- unlawful appropriation or expenditure of public money or property;
- any unlawful, irregular or unapproved acquisitive act, transaction, measure or practice that has a bearing on state property;
- intentional or negligent loss of public money or damage to public property;
- corruption in connection with the affairs of any state institution;
- unlawful or improper conduct by any person who has cause to or may cause, serious harm to the interest of the public or any category thereof.
The SIU litigates its cases in the Special Tribunal, a specialised court that deals specifically with its cases. This avoids some of the delays usually associated with civil litigation. The focus of the SIU is the public sector, but it also deals with private sector accomplices. It can investigate private sector matters that cause substantial harm to the interest of the public.
As the focus of the SIU is on civil litigation, it does not have the power to arrest or prosecute suspects. When it uncovers evidence of criminal activity, it hands a court-ready docket to the South African Police Service (SAPS) and/or the Scorpions (DSO).
The SIU also works closely with the Natonal Prosecution Service (NPS), the core prosecuting division of the National Prosecuting Authority (NPA), to ensure that prosecutions take place as soon as possible. It also works with the Asset Forfeiture Unit (AFU) in cases where the powers of this unit are more suitable for recovering the proceeds of crime.
