The Special Investigating Unit (SIU) on Monday applied for leave to appeal the decision of the Pretoria high court relating to its investigation into the affairs of Telkom.
Last month, the court declared a proclamation issued by President Cyril Ramaphosa last year authorising the SIU to investigate allegations of maladministration, malpractice and possible corruption in the affairs of Telkom was unconstitutional, invalid and of no force or effect.
The court found Telkom was not a state institution and the SIU could not investigate allegations of maladministration, malpractice and possible corruption in the company.
“After consulting our legal team, the SIU believes there is reason for an appeal. The court needs to give a fuller picture of what constitutes a state institution as this can set a legal precedent on which institutions the SIU can exercise its powers,” the unit said.
It was important that the issue of “state institution” be decided and settled.
“If this is not clarified it may create an unwelcome precedent that some public institutions may inadvertently be shielded from investigation by the SIU.”
TimesLIVE
SIU applies for leave to appeal judgment that set aside Telkom proclamation
Image: 123RF/Olivier Le Moal
The Special Investigating Unit (SIU) on Monday applied for leave to appeal the decision of the Pretoria high court relating to its investigation into the affairs of Telkom.
Last month, the court declared a proclamation issued by President Cyril Ramaphosa last year authorising the SIU to investigate allegations of maladministration, malpractice and possible corruption in the affairs of Telkom was unconstitutional, invalid and of no force or effect.
The court found Telkom was not a state institution and the SIU could not investigate allegations of maladministration, malpractice and possible corruption in the company.
“After consulting our legal team, the SIU believes there is reason for an appeal. The court needs to give a fuller picture of what constitutes a state institution as this can set a legal precedent on which institutions the SIU can exercise its powers,” the unit said.
It was important that the issue of “state institution” be decided and settled.
“If this is not clarified it may create an unwelcome precedent that some public institutions may inadvertently be shielded from investigation by the SIU.”
TimesLIVE
READ MORE:
Turns out the ANC was in exile from reality, too
Telkom files notice to oppose SIU investigation into Nigeria's MultiLinks acquisition
SIU to pursue officials who resigned amid 'tender fraud' probe at Thembisa Hospital
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos