The Special Investigation Unit has recovered about R2 billion due to the State following investigations into irregular and unlawful conduct authorised through Presidential proclamations.
Minister of Justice and Constitutional Development Mmamoloko Kubayi revealed the figure while appearing virtually before the National Council of Provinces (NCOP) to answer questions for oral reply.
As of 7 August 2026, President Cyril Ramaphosa had gazetted 84 proclamations since 1 April 2024, enabling the SIU to investigate matters falling within their scope.
Kubayi explained that the SIU’s recovery model is based on legal reviews, the consideration of a just and equitable remedy, and the principle that beneficiaries should suffer no loss but retain no unlawful profit.
“Legality reviews are based on impugning a decision made based on irregular and/or unlawful conduct. It is intended to have the impugned decision reviewed and set aside,” Kubayi said.
Where favourable judgments are granted, a debasement process can be undertaken to determine expenditure incurred and profit earned by the beneficiary of the decision.
In many cases, courts or the Special Tribunal then order beneficiaries to repay profits to the relevant State institution.
Kubayi praised the SIU for its work in recovering public money and strengthening accountability.
“We do believe that the public sees the good work that is being done by the SIU. [It] remains one of the exemplary [institutions],” she said.
“People want to be part of the SIU because of the brand, the image, the ethics… [and] the ability to deliver results, and that’s what we want to see in many of our organisations, especially within the justice and criminal sector.”
The Minister also addressed criminal matters referred by the SIU to the National Prosecuting Authority (NPA).
Some 1,949 criminal referrals have been made, with 1,794 cases pending.
Kubayi said government remained concerned about the number of referrals that ultimately result in accused persons appearing before court.
“We have raised concerns about the number of referrals that lead to individuals ending up appearing before court,” she said.
She explained that a single SIU investigation can generate several criminal referrals because multiple individuals may be implicated in the same matter.
“You can have one matter investigated by SIU, but in the referral… you have five people that must be referred for prosecution, then those individuals become multiple cases. But we still want to see successful prosecutions,” Kubayi said.
The R2 billion recovery highlights the financial impact of investigations alongside the SIU’s broader mandate to challenge unlawful decisions, recover public funds and refer evidence of potential criminal conduct for prosecution.
