Heath: Is this another presidential legal blunder?
The Democratic Alliance (DA) welcomes the President's reported admission that he will investigate the suitability of Adv. Willem Heath to fill the position of head of the Special Investigating Unit (SIU).
As soon as Adv. Heath was appointed, the DA raised concerns about his suitability for the position given his perceived allegiance to President Zuma. These concerns were proved correct in Heath's interview in City Press last weekend, where his allegiances were patently displayed.
However, questions need to be asked about the real motivation behind the President's reported decision to reconsider this appointment.
Is the President really considering his appointment as a result of the comments made by Heath, or is he using this as an opportunity to cover up yet another legal blunder on the part of the Presidency?
First, the President knew Heath's allegiances when he announced his appointment last week. That is surely the reason he appointed him.
What the President did not appear to appreciate was the fact that he is only legally empowered to remove the head of a SIU "if there are sound reasons for doing so", in terms of section 3(4)(d) of the Special Investigating Units and Special Tribunals Act 74 of 1996.
The President has offered no sound reasons for removing Willie Hofmeyr. In fact, he has given no reasons at all. Helen Zille has addressed a letter to the Presidency requesting him to provide these.
Secondly, concerns have been raised that Heath is too old to be appointed as head of the SIU, given that the position appears to be governed by the Public Service Act, which compels people employed in terms thereof to retire at the age of 65. Heath reportedly turned 66 in January this year.
As the President has indicated that he intends to consult Justice Minister Jeff Radebe about Heath's appointment, I will today be sending a letter to the Minister requesting that this issue also be considered, and requesting feedback thereon.
If it is true that Adv. Heath is too old to assume the position as SIU head, this will be the latest in a series of legal blunders by his office.
The most notable of these are the extension of the term of office of the Chief Justice and the incorrect appointment procedure of Adv. Menzi Simelane as National Director of Public Prosecutions. As Minister Radebe was involved in both processes, one has to question whether it is wise for the President to take his advice on the Heath issue.
We await the outcome of the President's decision.
Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, December 8 2011
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