SOUTH AFRICA – The Special Investigation Unit (SIU) has successfully recovered approximately R2 billion in state funds following investigations linked to Presidential proclamations, Minister of Justice and Constitutional Development Mmamoloko Kubayi announced on Tuesday.
Delivering a virtual address to the National Council of Provinces (NCOP) during a session for oral replies, Minister Kubayi provided a comprehensive update on the anti-corruption body’s operational progress and financial recoveries. She noted that, as of 7 August 2026, President Cyril Ramaphosa had gazetted 84 proclamations empowering the SIU’s investigations since 1 April 2024.
Minister Kubayi detailed that the SIU’s financial recovery model is strictly grounded in legal reviews, guided by the “consideration of a just and equitable remedy and the no-loss, no-profit principle.”
She explained that legality reviews are designed to impugn decisions rooted in irregular or unlawful conduct. The objective is to have the impugned decision formally reviewed and set aside, followed by a declaration that any subsequent actions on related contracts are unlawful and invalid from their inception.
In most instances where favorable judgments are secured, a debasement process is initiated. This process calculates the exact expenditure incurred and the profit margins earned by the beneficiary of the reviewed decision. Subsequently, courts or special tribunals order the beneficiaries of the impugned decisions to repay the determined profit amounts directly back to the affected State institution, though this applies to most, but not all, cases.
Commending the corruption-busting unit for its diligent work in replenishing the public purse, Minister Kubayi highlighted the SIU’s strong institutional reputation. She stated that the public recognizes the unit’s valuable contributions, describing it as an exemplary institution. She added that professionals are drawn to the SIU because of its brand, image, ethics, and proven ability to deliver results—standards she emphasized should be mirrored across all organizations within the justice and criminal sectors.
Addressing the legal pipeline, Minister Kubayi revealed that the SIU has made 1,949 criminal referrals to the National Prosecuting Authority (NPA), with approximately 1,794 cases currently pending.
She also raised procedural concerns regarding how referral volumes translate to court appearances. Minister Kubayi clarified that a single SIU investigation can generate multiple referrals if several individuals are implicated. For example, one investigated matter might result in five individuals being referred for prosecution, thereby inflating the number of docketed cases. Despite this administrative multiplication of cases, she stressed that the ultimate objective remains securing successful prosecutions.