The Special Investigating Unit (SIU) and the Legal Practitioners Fidelity Fund (LPFF) on Thursday signed a memorandum of understanding (MoU) aimed at bolstering cooperation in investigating fraud, corruption, and maladministration in the legal profession and related sectors.

The partnership is established under the framework provided by Chapter 3 of the Constitution of the Republic of South Africa.

The MoU formalises a structured mechanism for information sharing, collaboration in investigations, capacity-building initiatives, and joint efforts to ensure accountability within the legal sector. It also aims to enhance public confidence in the integrity and ethical standards of legal practice in South Africa.

Speaking in Pretoria, during the signing ceremony, SIU head Advocate Andy Mothibi said the MoU represented a significant step in strengthening the mechanisms to combat fraud and corruption.

“We look forward to deepening our collaboration with the LPFF and turning the commitments of this MoU into tangible results. Together, we are better equipped to protect public interests, uphold the rule of law, and promote good governance,” he said.

LPFF CEO Motlatsi Barnabas Molefe welcomed the collaboration, stating that the practitioner’s partnership with the SIU demonstrated its commitment to protecting public resources and maintaining trust in the legal profession.

“…by sharing resources and expertise, we can collectively respond more effectively to threats of fraud and unethical practices. Where we fall short, the SIU will help us have teeth to bite. More importantly, to recover funds that are stolen from the public,” he explained.

Notably, joint efforts have previously prevented potential financial losses exceeding R3-billion and resulted in 45 referrals to the LPFF, involving about R279.5-million.

These cases highlighted non-compliance by legal practitioners, particularly relating to trust accounts and fund disbursement, and exposed potential misappropriation.

Criminal referrals were made to the National Prosecuting Authority.

“We don't want to leave any aspect unattended, So, just in terms of the numbers, the ones that we have referred to the NPA is about 54, as we speak today. 54 legal practitioners referred to NPA,” Mothibi pointed out.

The MoU will serve as a strategic platform to deepen cooperation, improve information-sharing, coordinate investigative efforts, and promote integrity and justice, he added.

It further formalises mutual responsibilities, prioritises joint cases, and ensures regular communication on developments and outcomes, ultimately strengthening the collective fight against fraud, corruption, maladministration, and malpractice to enhance public service delivery.

Meanwhile, Mothibi pointed out that the SIU was investigating the Road Accident Fund, with quite a number of legal practitioners found to be recalcitrant.

“But then it looks like they've now sort of migrated, you know, to the medical legal space. And now they are realising also that that area is being squeezed, or they have been squeezed out.

“We do not know what would be the next area. But, you know, in any instances where there are claims submitted and so on, you know, the legal practitioners tend to be present. And we would like to really ensure that going forward, we continue to demonstrate to them that that kind of unethical conduct is unacceptable. And it's important then to really have this kind of partnership with you and the LPFF so that they know and they can see,” Mothibi said to Molefe.

He said the MoU was not the start of the relationship but rather a formalisation of an already productive partnership, pointing out that the collaboration began under Proclamation R74 of 2022, gazetted in 2022, which authorised the SIU to investigate allegations of impropriety relating to the national and provincial departments of Health.