SIU can’t act without the president’s okay

Complaints of maladministration at state-owned entities appear to be piling up at the feet of the Special Investigating Unit (SIU).

Many matters relating to state capture have been referred to the SIU for investigation, including some contracts at the SABC and some Eskom coal contracts.

In these cases, if the SIU decides there is a need for an investigation, a motivation for a proclamation is submitted to the department of justice and state law advisers. If they are satisfied with this, it is submitted to the president for signing. Thereafter, it is gazetted.

The publication of a proclamation allows an SIU investigation to begin and the unit is then able to exercise its statutory powers.

The SIU would not comment on what motivations for proclamations are awaiting the president’s signature — and there are believed to be many — but no matters relating to state capture were listed as being under active investigation on the unit’s website.

The presidency did not respond to requests for this information.

In terms of the Special Investigating Units and Special Tribunals Act, the SIU is mandated to investigate matters relating to a state institution or where public money or public property is involved, or where unlawful or improper conduct by any person has caused or may cause serious harm to the interests of the public. —