Special Tribunal dismisses bid to challenge its jurisdiction in R40m Beitbridge border fence saga

The Special Tribunal has dismissed an application by two contractors allegedly involved in the R40m Beitbridge border fence project in Limpopo, challenging its jurisdiction to adjudicate on civil recovery proceedings in the matter.

According to the tribunal, the application was first instituted in 2020 when the Special Investigating Unit (SIU) approached it for an order setting aside and reviewing the contract entered into by the department of public works.

This was based on allegations that it was unlawful, irregular and inconsistent with procurement policies and procedures and section 217 of the constitution.

“When the matter first came to light, both Caledon and Proffeam CC entered into a settlement agreement with the SIU, committing themselves to pay whatever amount the Special Tribunal would order them to pay,” said tribunal spokesperson Selby Makgotho.

He said at the time of instituting the application, an amount of R21.8m had been paid to the companies.

“The department of public works was interdicted from making further payments to both Caledon River Properties (Pty) Ltd and Profteam CC when the SIU instituted legal proceedings to cancel the contract and recover the amount paid,” Makgotho said.

Both companies contended the tribunal was not a court as defined in section 166(e) of the constitution and was therefore incapable of granting relief in terms of section 172 of the constitution.

“The applicants contended, furthermore, that the declaring, reviewing and setting aside for want of constitutional validity falls outside the jurisdiction of the Special Tribunal,” said Makgotho.

“Judge Lebogang Modiba found the Special Tribunal is part of the matrix of the courts recognised in terms of the constitution and the Superior Courts Act.

“She observed that in terms of the SIU and Special Tribunals Act, the president may, by proclamation in the government gazette, establish one or more special tribunals to adjudicate upon civil proceedings emanating from any investigation of any particular SIU.”

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