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The SIU is among 21 respondents that include President Cyril Ramaphosa, parliament and other state institutions. Other than the SIU, the complaint against the other institutions has been their silence when Mphaphuli lodged complaints to them about the SIU.

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Sizwe sama Yende

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In a dramatic turn of events, the Special Investigating Unit (SIU) stands accused of systematic abuse of power, jurisdictional overreach, and a calculated campaign to undermine authority of the courts.

The allegations, detailed in a founding affidavit filed at the Constitutional Court by Mphaphuli Consulting (Pty) Ltd director, Lufuno Mphaphuli, paint a chilling picture of a state institution allegedly weaponised to destroy reputations, sabotage service delivery, and subvert the rule of law.

The case, which Mphaphuli has described as a "constitutional crisis of great magnitude," centres on the SIU’s investigation into Operation Mabone, a R326 million rural electrification project in Fetakgomo Tubatse Local Municipality (Burgersfort), Limpopo, that was intended to bring electricity to 
20 000 households.

WATCH: Taking the SIU head on - Lufuno Mphaphuli

Mphaphuli argues that the SIU’s actions were not only unlawful but also driven by ulterior motives, including retaliation for successful litigation against the Fetakgomo Tubatse Local Municipality.

He has approached the Constitutional Court seeking urgent relief to halt the SIU’s alleged abuses and restore the rule of law.

“This application confronts a constitutional crisis that strikes at the heart of South Africa’s democratic order. It presents not merely isolated instances of administrative overreach, but rather a systematic assault on the foundational principles of constitutional supremacy, accountability, and the rule of law,” he says in his court papers.

GENESIS OF THE CRISIS

Operation Mabone, initiated in 2012, was a ground breaking project designed to accelerate household electrification in under-served rural areas.

Mphaphuli Consulting, an engineering firm specialising in electrical infrastructure, was contracted to implement the project, which successfully connected 5 900 households across 15 villages between December 2015 and July 2016.

The project was hailed as a success, with high-ranking government officials, including the Minister of Energy and the Speaker of Parliament, attending switching-on ceremonies.

However, the project’s trajectory took a dark turn in 2017 when the Fetakgomo Tubatse Municipality’s former manager, Johannes Mohlala, and mayor, Chorries Phokane, secretly approached the SIU to investigate Mphaphuli Consulting   following a series of court defeats.

Mohlala is now a convict serving a five-year suspended sentence after he violated the Municipal Finance Management Act by investing R230 million in the defunct VBS Mutual Bank against National Treasury’s advice. The money was lost due to massive corruption.

Mphaphuli alleges in his court papers  that the SIU investigation was initiated in bad faith, with the sole purpose of punishing him for successfully litigating against the municipality.

Mphaphuli has cited 21 respondents - including President Cyril Ramaphosa, Parliament, SIU head, Advocate Jan Mothibi and the SIU spokesperson, Kaizer Kganyago – for their various roles in keeping him out of business without any proved wrongdoing. Other than the SIU, the complaint against the other institutions has been their silence when Mphaphuli lodged complaints to them.

Kganyago has maintained that he could not comment on the Operation Mabone matter as it was in court.

The SIU is suing Mphaphuli for overcharging R76 million on the project while parliamentary records indicate that the company actually charged less than the benchmarked amount, and its costing was approved by National Treasury and the then Department of Energy.

The Office of the Public Protector declined to entertain Mphaphuli’s complaint in 2017 and 2023 – thereby opening the floodgates of convoluted litigation between Mphaphuli and the SIU.

On his part, Mphaphuli is suing the SIU and Fetakgomo Tubatse municipality for R1.8 billion.

JURISDICTIONAL OVERREACH

At the heart of Mphaphuli’s case is the claim that the SIU acted without a valid proclamation, rendering its investigation unlawful.

The SIU’s investigation was purportedly authorised by Proclamation R52 of 2014, which applied to the Greater Tubatse Municipality.

However, in August 2016, the Greater Tubatse Municipality ceased to exist following a municipal merger that created the Fetakgomo Tubatse Municipality.

Despite this fundamental change in legal personality, the SIU continued its investigation without securing new proclamation authority.

Mphaphuli argues that the SIU’s actions represent a systematic assault on constitutional principles, including the separation of powers, the independence of Chapter 9 institutions, and the rule of law.

The SIU’s conduct, he claims, has eroded public trust in state institutions and created a chilling effect on those who seek to hold the state accountable.

MEDIA CAMPAIGN

In the papers, Mphaphuli makes  damning allegations that the SIU carried out a coordinated media campaign to destroy his and the company’s reputation. 

The SIU made false and defamatory statements in the media, including claims of overcharging and irregularities in the  Operation Mabone contract, Mphaphuli claims.

These allegations, he argues, were made without any preservation orders or prima facie evidence and in direct violation of his constitutional right to dignity, privacy, and a fair hearing.

The SIU’s media campaign extended to social media platforms, where it allegedly disseminated false information about the applicant, timed to 
coincide with court hearings and rulings adverse to the SIU.

This, Mphaphuli claim, was a calculated effort to influence public opinion and undermine the judicial process.

HUMAN COST

Mphaphuli claims tha the human cost of the SIU’s alleged misconduct is staggering, because Operation Mabone’s suspension has left 14 000 households without access  to electricity, jeopardisinng their socio-economic development.

Mphaphuli was poised to complete the electrification of these households by the end of 2017. He is a registered professional engineer with over 28 years of experience.  

As the sole director of Mphaphuli Consulting, he has seen his life’s work unravel, with the company facing imminent financial ruin due to the 
SIU’s actions.

A PATTERN OF DEFIANCE

The applicant’s affidavit details a pattern of defiance by the SIU, including its disregard for multiple court orders vindicating his position.

 In one instance, the Polokwane High Court ordered  the municipality to pay Mphaphuli Consulting R41 million for completed 
contractual works.

Instead of complying, the municipality allegedly  retaliated by initiating a forensic investigation and engaging the SIU.

Mphaphuli says that the SIU’s conduct represents a systematic attempt to circumvent judicial authority and undermine the rule of law.

He points to the SIU’s continued reliance on discredited allegations,  despite court rulings in his favour, as evidence of its contempt for 
judicial authority.

CONSTITUTIONAL CRISIS

Mphaphuli  argues that the SIU’s actions have created a constitutional crisis, threatening the very foundations of democratic governance its mandate to combat corruption and maladministration, he says.

The case also raises serious questions about the oversight of state institutions and the accountability of those entrusted with upholding the law.

He has questioned and challenged the court to consider reviewing the Memoradum of Understanding between the SIU and parliament, which he says blurs the separation of powers as parliament must play an oversight role over the SIU.