n South African Journal of Criminal Justice - Criminal procedure : recent cases




Section 2(1)() and (3) of the Special Investigating Units and Special Tribunals Act 74 of 1996 provide for the establishment (and disestablishment) of investigating units. In 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 particular 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 This was approximately two weeks after the 2001 Proclamation which meant that the First Unit by then had been replaced by the Second Unit.


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