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Telkom SA (SOC) Ltd v President of the Republic of South Africa and Others (007566/2022) [2023] ZAGPPHC 559

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Telkom SA (SOC) Ltd v President of the Republic of South Africa and Others (007566/2022) [2023] ZAGPPHC 559

Legal gavel

21st July 2023

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Click here to read the full judgment on Saflii

Issued by the President for the SIU to investigate Telkom – Ex post facto rationalisation – Decision was irrational and overboard and there was an abdication of power conferred by the SIU Act – Input should have been invited considering the enormity of the allegations – SIU presented a report which was fully adopted by the Minister and the President without query or comment – Proclamation unconstitutional, irrational and invalid – Proclamation and investigation declared invalid and set aside – Special Investigating Units and Specia Tribunal Act 74 of 1995, s 2.

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