Minister of Justice and Constitutional Development Mmamoloko Kubayi says the Special Investigation Unit (SIU) has recovered about R2 billion that is due to be repaid to the State following investigations emanating from Presidential proclamations.
The Minister appeared virtually before the National Council of Provinces (NCOP) on Tuesday to answer questions for oral reply.
She said that, as of 7 August 2026, President Cyril Ramaphosa had gazetted 84 proclamations since 1 April 2024.
Kubayi explained that the SIU’s recovery model is based on legal reviews and the “consideration of a just and equitable remedy and the no-loss, no-profit principle.”
“Legality reviews are based on impugning a decision made based on irregular and/or unlawful conduct. It is intended to have the impugned decision reviewed and set aside. Thereafter, declare the subsequent action on contracts unlawful and invalid from the date of inception.
“In most instances where favourable judgments are granted, a debasement process is undertaken to determine expenditure incurred and the profit margins earned by the beneficiary of a reviewed decision.
“In most, but not all cases, the beneficiaries of the impugned decision are ordered by the court or a special tribunal to repay the amount determined as profit back to the State institution,” she said.
The Minister praised the corruption-busting unit for its work in recovering money for the public purse.
“We do believe that the public sees the good work that is being done by the SIU. [It] remains one of the exemplary [institutions].
“People want to be part of the SIU because of the brand, the image, the ethics…[and] the ability to deliver results, and that’s what we want to see in many of our organisations, especially within the justice and criminal sector,” Kubayi said.
Turning to criminal referrals made by the SIU to the National Prosecuting Authority, Kubayi revealed that 1 949 referrals had been made, with some 1 794 cases pending.
“We have raised concerns about the number of referrals that lead to individuals ending up appearing before court. You find that in one case, you have several referrals.
“So, you can have one matter investigated by SIU, but in the referral… you have five people that must be referred for prosecution, then those individuals become multiple cases. But we still want to see successful prosecutions,” she said. – SAnews.gov.za
