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The Portfolio Committee on Justice and Constitutional Development today received a briefing from the Special Investigating Unit (SIU) and commended the organisation for saving the government about R8.4 billion in the 2023/24 financial year.
 
The committee heard that this money comes from effective investigations, speedy litigation and recovery processes.
 
Committee Chairperson Mr Xola Nqola said the committee commended the SIU in recovering billions of rands for South Africa. “This is indeed an organisation we can be proud of. However, we are very concerned about the huge outstanding debt owed to the SIU,” Mr Nqola said.
 
According to the SIU, this outstanding debt amounted to approximately R1 billion. The SIU now aims to collect these debts from state institutions the SIU is investigating, through Project Khokhela.
 
The committee heard that the savings include R2.2 billion returned to government through cash and assets recovered, while another R2.1 billion is in the process of being recovered through litigation. The SIU overachieved on its targets. The biggest contributor to the recovery is through maladministration, the Transnet investigation (R710 104 826.03) and the National Student Financial Aid Scheme investigation (R191 027 281.50).
 
In terms of the rand value of potential loss prevented, the medico-legal investigation (R1 978 422 323.50) was the biggest contributor to the over-achievement on this target.
 
The committee also heard that the SIU conducted and concluded lifestyle audits for the Passenger Rail Agency of South Africa, the Northern Cape Office of the Premier, the Gauteng Office of the Premier, and the Free State Department of Community Safety, Roads and Transport.
 
The committee heard that the SIU established a Special Tribunal. It has a civil litigation case assessment committee in place. In addition, a civil litigation strategy is being reviewed and a turnaround plan is being developed following a civil litigation imbizo.
 
The SIU indicate it is performing well, finalising more than 1 900 investigations under proclamations. A total of 26 reports have been submitted to President Cyril Ramaphosa in the year under review.
 
The committee heard that the introduction of the Special Tribunal had assisted in speeding up cases to recover money and stopping suspicious tenders. Unlike in courts of law, at the Special Tribunal the SIU does not queue with other litigants. The Special Tribunal deals expeditiously with civil cases. The quick turnaround times in finalising cases has assisted the SIU to timeously achieve its intended civil litigation outcomes.
 
A total of 224 cases are currently before the tribunal, totalling more than R11.5 billion and a further 76 cases are before the High Court, amounting to about R78.9 billion.
 
SIU Head Adv Andy Mothibi told the committee: “The recovery machinery is really working well. This depends on effective investigations by the team. We are pleased because we really aim for SIU to be a high-performing organisation, focused on outputs and we continue to do that.”
 
The SIU received an unqualified audit; however, concerns were raised regarding the appointment of a legal panel to assist with civil litigation.
 
The committee was also briefed by Legal Aid South Africa (LASA) and commended the organisation for its unqualified audit opinion. The committee encouraged LASA to do better in paying its invoices within 30 days, as small law firms suffer when payments are delayed.
 
Mr Nqola said the committee will ensure that it supports LASA and said the consecutive clean audits are commendable.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Correctional Services, Xola Nqola