The Special Investigating Unit v Anthimoolan Nadasen

The Special Investigating Unit (SIU), established under the Special Investigating Units and Special Tribunals Act 74 of 1996 by Presidential Proclamation R24 of 14 March 1997, investigated alleged misappropriation of funds and irregular payments relating to the hiring of equipment by the Durban Metropolitan Council in KwaZulu-Natal. As a result of the investigation, the SIU instituted proceedings in the Special Tribunal against Anthimoolan Nadasen and a co-defendant, claiming approximately R555 000. One claim of R351 805.20 succeeded in the Tribunal, with judgment granted jointly and severally against both defendants. Nadasen appealed to the Full Court of the Natal Provincial Division. On appeal, new issues were raised regarding whether the SIU had jurisdiction to investigate matters in KwaZulu-Natal and whether the Special Tribunal had jurisdiction to adjudicate the claim. The Full Court upheld the appeal on these jurisdictional grounds. The SIU then appealed to the Supreme Court of Appeal with special leave.

The appeal was dismissed with costs, confirming that the SIU had no jurisdiction to investigate the KwaZulu-Natal matter and that the Special Tribunal lacked jurisdiction to adjudicate the claim.

This case is significant for clarifying the limits of the jurisdiction and powers of the SIU and Special Tribunals under the Special Investigating Units and Special Tribunals Act. It affirms that proclamations establishing SIUs must be interpreted strictly and consistently with constitutional principles of provincial autonomy. The judgment underscores that the President cannot, without the requisite consultation or request, confer nationwide investigative powers on an SIU in respect of matters within provincial competence.