Recent Case: Criminal procedure

• Jurisdiction: South Africa
• Date: 24 May 2019
• Citation: (2009) 22 SACJ 257
• Published date: 24 May 2019
• Pages: 257-267
• Author: Robin Palmer

Criminal procedure

ROBIN PALMER

University of KwaZulu-Natal,Durban

and

MICHAEL COWLING

Investigation Units — liability for unlawful acts

Section 2(1)(a) and (3) of the Special Investigating Units and Special

Tribunals Act 74 of 1996 provide for the establishment (and disestab-

lishment) of investigating units. In Chagi v Special Investigation Unit

2009 (1) SACR 339 (CC) a Special Investigation Unit (the First Unit) was

established in 1997 by proclamation. Thereafter in 2001 another Unit

(the Second Unit) was established in its place. Both units had been

charged with investigating a par ticular entity. Members of that latter

entity alleged that the First Unit had caused them to suffer damages

and consequently issued summons in 2001. This was approximately

two weeks after the 2001 Proclamation which meant that the First Unit

by then had been replaced by the Second Unit.

The latter defended the proceedings and argued that, because the

conduct of members of the f‌irst Unit had been relied upon, the Second

Recent cases 257

(2009) 22 SACJ 257

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