The Constitutional Court has ruled the Special Tribunal is not a court, but it has the power to adjudicate legality reviews. | J_chabalala
On Friday, the court dismissed an appeal by Ledla Structural Development and its directors against a judgment and order of the Special Tribunal. awarded to Ledla and three others had been reviewed, set aside and cancelled - and the funds forfeited to the State.
They argued the Special Tribunal was not a court and the review proceedings and the forfeiture order it granted were a nullity, as they were premised on an incorrect assumption it was a court of law.In addition, the Lehongs said the tribunal was set up by the president and the legislature could not have contemplated conferring"unfettered discretion on the president to create a court".
"Accordingly, the Special Tribunal has the jurisdiction to adjudicate reviews brought by the SIU and to grant an order setting aside an unlawful procurement contract. The court said the applicants had challenged the Special Tribunal's powers to issue preservation and forfeiture orders and asked it to interpret rule 26 of the Special Tribunal rules as well as regulation 5 of the SIU regulations.
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