Former judge Willem Heath is back in from the cold and is to be appointed Justice Minister Jeff Radebe's special adviser.
This was confirmed on Tuesday by Radebe's new spokesperson, Tlali Tlali, who said it was expected the appointment would be sealed "in a matter of days".
Heath, as a legal adviser to President Jacob Zuma, played a key role in the efforts that led to the dropping of the corruption charges against the ANC leader before the general elections in April.
"The minister considered the qualities and special attributes that Willem Heath brings as a former legal practitioner and a former judge," Tlali said on Tuesday.
Source: News 24.com
Showing posts with label Willem Heath. Show all posts
Showing posts with label Willem Heath. Show all posts
Wednesday, June 17, 2009
Friday, April 17, 2009
Heath supports Mpshe’s decision
Acting National Director of Public Prosecutions (NDPP) Moketedi Mpshe could have made no other decision than to drop charges against African National Congress president Jacob Zuma, former judge Willem Heath said on Thursday.
"If he proceeded [with the prosecution] the judge would have ruled that it was an illegality and it would have come to an end," Heath said.
Heath said it was frightening that practising legal practitioners had been so quiet about the outcry over the NPA's decision.
"The silence and the apathy of practitioners in South Africa after the announcement by advocate Mpshe is deafening."
Source: News 24.com
"If he proceeded [with the prosecution] the judge would have ruled that it was an illegality and it would have come to an end," Heath said.
Heath said it was frightening that practising legal practitioners had been so quiet about the outcry over the NPA's decision.
"The silence and the apathy of practitioners in South Africa after the announcement by advocate Mpshe is deafening."
Source: News 24.com
Friday, September 19, 2008
Heath: Charge Mbeki, Maduna and Ngcuka
Former judge Willem Heath has called for criminal charges to be brought against President Thabo Mbeki, former justice minister Penuell Maduna and former chief prosecutor Bulelani Ngcuka.
Heath told the weekly Mail & Guardian newspaper that last week's findings by Judge Chris Nicholson were tantamount to prima facie evidence of contraventions of the National Prosecuting Authority (NPA) Act by Mbeki, Maduna and Ngcuka.
Nicholson found that the decision to prosecute ruling party leader Jacob Zuma on fraud and corruption charges was invalid.
Heath said South Africans should be protected against the "systematic abuse, detailed in the judgment, of organs of state by the president and his purported henchmen".
Heath told the weekly Mail & Guardian newspaper that last week's findings by Judge Chris Nicholson were tantamount to prima facie evidence of contraventions of the National Prosecuting Authority (NPA) Act by Mbeki, Maduna and Ngcuka.
Nicholson found that the decision to prosecute ruling party leader Jacob Zuma on fraud and corruption charges was invalid.
Heath said South Africans should be protected against the "systematic abuse, detailed in the judgment, of organs of state by the president and his purported henchmen".
Tuesday, October 11, 2005
Kebble expert 'removed'
An independent forensic expert who helped the police with their investigation into the Brett Kebble murder, was removed from the investigating team on Monday.
Dr David Klatzow, a well-known Cape pathologist, was one of the ''experts'' whom former judge Willem Heath appointed on behalf of Kebble's family, among other things to search the murder scene for further clues. Questions arose recently when the police visited the scene again in Melrose, Johannesburg last Wednesday - more than a week after the murder. Heath has been handling the Kebbles' legal affairs since the murder. Last week Heath's son Marius said a Bloemfontein pathologist and ''another expert whom the Kebbles had approached were there to assist the police''.
But Klatzow told reporters that Heath informed him on Monday morning that his services were no longer needed. ''I was contracted by Heath on behalf of the Kebbles and asked to investigate the murder scene. I did. Now I am no longer involved. I am curious to know why.''
Source: News 24.com
Dr David Klatzow, a well-known Cape pathologist, was one of the ''experts'' whom former judge Willem Heath appointed on behalf of Kebble's family, among other things to search the murder scene for further clues. Questions arose recently when the police visited the scene again in Melrose, Johannesburg last Wednesday - more than a week after the murder. Heath has been handling the Kebbles' legal affairs since the murder. Last week Heath's son Marius said a Bloemfontein pathologist and ''another expert whom the Kebbles had approached were there to assist the police''.
But Klatzow told reporters that Heath informed him on Monday morning that his services were no longer needed. ''I was contracted by Heath on behalf of the Kebbles and asked to investigate the murder scene. I did. Now I am no longer involved. I am curious to know why.''
Source: News 24.com
Thursday, September 29, 2005
Kebble spoke to his killers, say police
Brett Kebble spoke to his assailants moments before they pumped him full of bullets, police said on Thursday. Police spokesperson Superintendent Chris Wilken told SAFM Morning Live on Thursday that, while not ruling out that Kebble was deliberately murdered, police were following leads that he was the victim of a botched hijacking.
Wilken said on Thursday: "The vehicle was stationary while he talked to his assailants. It's very clear to us. And then from there, he was shot and he drove further. So that's why we are actually piecing our facts on the fact that it might have been a hijacking that went wrong."
Wilken said a murder attempt would more likely have taken the form of a drive-by shooting and Kebble would have been shot while driving. He said the police had reconstructed the circumstances of the killing on Wednesday and found cartridges. "We have reason to believe that this might have been a hijacking. We are not saying it is, but we say we have reason to believe there is a possibility that it could have been a hijacking that went wrong."
Wilken said earlier that the Serious and Violent Crime Unit - with eight senior officers - had taken over the investigation. "We haven't identified any suspects as yet. We went back to the scene to search for clues. It's a high-profile case and there has been a lot of speculation."
Kebble, 41, known as the "new Barney Barnato" for the excitement he had injected into the mining industry, was on his way to the house of his partner, Sello Rasethaba, when he was gunned down at the steering wheel of his Mercedes-Benz around 9pm on Tuesday night. He was found in Melrose on a bridge over Johannesburg's M1 freeway less than a kilometre from his home in Illovo.
Despite the police's hijacking theory, friends and colleagues have said they are convinced Kebble was assassinated. Andile Nkuhlu, an ANC Youth League member and one of a group of people expecting Kebble for dinner, said on Wednesday: "This was pure assassination. There is no doubt about it. "I was at the scene. There was no attempt at a robbery. I saw it with my own eyes. The truth will come out about what happened to the life of this great South African. This was a callous, premeditated crime."
Kebble's advocate, Willem Heath, also said it appeared as though Kebble had been assassinated. "It appears that it was probably a malicious attempt to kill him and he was in fact killed," Heath told SAFM yesterday.
Kebble family spokesperson David Barrit said on Wednesday that Kebble had received threats in the past. Asked about this on Thursday, Wilken said: "I have an enormous problem with people making statements like that... without the police knowing about that." If these threats had been reported, this had not been brought to the attention of the Johannesburg police, Wilken said. "There are statements being made and it creates enormous confusion. If there are threats against people's lives, they must be reported so that they can investigated."
Meanwhile, it has emerged that Kebble bled to death in less than five minutes after being pumped full of bullets. Four bullets were removed from his torso during an autopsy on Wednesday. A police source revealed that Kebble had tried to get away after being ambushed. He managed to drive about 400m before his car swerved across the road and smashed into a bridge railing over the M1 highway at Melrose Street in northern Johannesburg.
Police found his body slumped over the steering wheel at about 9.15pm. Had he not been bleeding profusely, Kebble might have lived until help arrived. But because he had lost so much blood, he died within minutes.
The police source said evidence gathered suggested that Kebble had been driving down Melrose Street, a narrow and deserted stretch of Joburg, when something or someone caused him to stop. At least one attacker was standing in front of the car's bonnet. It was not clear when exactly the assailant began shooting, but something caused Kebble to slam his foot down on the accelerator.
While not ruling out the possibility that the cold-blooded killing had been ordered by someone Kebble might have crossed in his controversial business dealings, the source also revealed that police were looking into a hijacking three weeks ago at the same spot. However, police remain puzzled why Kebble's driver window was wide open on a cold Johannesburg night.
Source: IoL
Wilken said on Thursday: "The vehicle was stationary while he talked to his assailants. It's very clear to us. And then from there, he was shot and he drove further. So that's why we are actually piecing our facts on the fact that it might have been a hijacking that went wrong."
Wilken said a murder attempt would more likely have taken the form of a drive-by shooting and Kebble would have been shot while driving. He said the police had reconstructed the circumstances of the killing on Wednesday and found cartridges. "We have reason to believe that this might have been a hijacking. We are not saying it is, but we say we have reason to believe there is a possibility that it could have been a hijacking that went wrong."
Wilken said earlier that the Serious and Violent Crime Unit - with eight senior officers - had taken over the investigation. "We haven't identified any suspects as yet. We went back to the scene to search for clues. It's a high-profile case and there has been a lot of speculation."
Kebble, 41, known as the "new Barney Barnato" for the excitement he had injected into the mining industry, was on his way to the house of his partner, Sello Rasethaba, when he was gunned down at the steering wheel of his Mercedes-Benz around 9pm on Tuesday night. He was found in Melrose on a bridge over Johannesburg's M1 freeway less than a kilometre from his home in Illovo.
Despite the police's hijacking theory, friends and colleagues have said they are convinced Kebble was assassinated. Andile Nkuhlu, an ANC Youth League member and one of a group of people expecting Kebble for dinner, said on Wednesday: "This was pure assassination. There is no doubt about it. "I was at the scene. There was no attempt at a robbery. I saw it with my own eyes. The truth will come out about what happened to the life of this great South African. This was a callous, premeditated crime."
Kebble's advocate, Willem Heath, also said it appeared as though Kebble had been assassinated. "It appears that it was probably a malicious attempt to kill him and he was in fact killed," Heath told SAFM yesterday.
Kebble family spokesperson David Barrit said on Wednesday that Kebble had received threats in the past. Asked about this on Thursday, Wilken said: "I have an enormous problem with people making statements like that... without the police knowing about that." If these threats had been reported, this had not been brought to the attention of the Johannesburg police, Wilken said. "There are statements being made and it creates enormous confusion. If there are threats against people's lives, they must be reported so that they can investigated."
Meanwhile, it has emerged that Kebble bled to death in less than five minutes after being pumped full of bullets. Four bullets were removed from his torso during an autopsy on Wednesday. A police source revealed that Kebble had tried to get away after being ambushed. He managed to drive about 400m before his car swerved across the road and smashed into a bridge railing over the M1 highway at Melrose Street in northern Johannesburg.
Police found his body slumped over the steering wheel at about 9.15pm. Had he not been bleeding profusely, Kebble might have lived until help arrived. But because he had lost so much blood, he died within minutes.
The police source said evidence gathered suggested that Kebble had been driving down Melrose Street, a narrow and deserted stretch of Joburg, when something or someone caused him to stop. At least one attacker was standing in front of the car's bonnet. It was not clear when exactly the assailant began shooting, but something caused Kebble to slam his foot down on the accelerator.
While not ruling out the possibility that the cold-blooded killing had been ordered by someone Kebble might have crossed in his controversial business dealings, the source also revealed that police were looking into a hijacking three weeks ago at the same spot. However, police remain puzzled why Kebble's driver window was wide open on a cold Johannesburg night.
Source: IoL
Wednesday, September 28, 2005
ANCYL hails Kebble as a 'patriot'
Mining magnate Brett Kebble was a true patriot whose work and dedication should serve as a fundamental lesson for those in business, the ANC Youth League (ANCYL) said on Wednesday.
The League said it was shocked and saddened by the "brutal and cold-blooded killing" of Kebble. "We send our condolences to the Kebble family and friends and we grieve with them at this hour of need," the league said. "South Africa has lost a true patriot whose selflessness and dedication to the emancipation of our people will remain a beacon and a legacy for generations to come. Such dedication and commitment demands us to count him among the true patriots of our nation whose work and dedication should serve as a fundamental lesson for those in business."
Kebble, who had become known as the "new Barney Barnato" for the excitement he had injected in Johannesburg's mining industry, was on his way to the house of his partner, Sello Rasethaba, when he was shot five times at around 9pm. He found by a passerby on a bridge over Johannesburg's M1 freeway less than a kilometre from his home in Illovo.
The ANCYL said Kebble had never hesitated to make a meaningful contribution to the advancement of black economic empowerment. "His is an example that South African big business should emulate," the league said. "We condemn this senseless killing and blatant act of cowardice in the strongest possible terms, and call upon the law enforcement agencies to bring his killers to book. This is one death too many, and we must act in unison and lend a hand to the criminal justice system to throw the book at these perpetrators of this heinous crime."
Kebble, who was a member of the African National Congress, last year responded to a question about the financial support he had given to the party in the Western Cape by saying he was performing a public duty by giving financial assistance for the development of democracy. "I am a patriot and an ardent supporter of our new democracy," Kebble said at the time. "Whilst I am a member of the ANC and support its policies, I will also support any political party that upholds patriotic and democratic principles."
Kebble said it was up to those parties that he had supported if they wanted to make his donations public, but he had no wish for secrecy. "If they decide to publicly acknowledge my support, they have my blessing to do so," he said.
There have been reports that some senior ANCYL leaders served as "fronts" for some of the Kebble business interests. The former director of the National Prosecuting Authority, Bulelani Ngcuka, was said to have suggested to newspaper editors in 2003 that Kebble's alleged financial support for the ANCYL was for protection, political favours and manoeuvring in muddy business deals.
Kebble's advocate Willem Heath said after this that he had been instructed by Kebble's father and business partner Roger to investigate abuse of power by Ngcuka and former Justice Minister Penuell Maduna.
Source: IoL
The League said it was shocked and saddened by the "brutal and cold-blooded killing" of Kebble. "We send our condolences to the Kebble family and friends and we grieve with them at this hour of need," the league said. "South Africa has lost a true patriot whose selflessness and dedication to the emancipation of our people will remain a beacon and a legacy for generations to come. Such dedication and commitment demands us to count him among the true patriots of our nation whose work and dedication should serve as a fundamental lesson for those in business."
Kebble, who had become known as the "new Barney Barnato" for the excitement he had injected in Johannesburg's mining industry, was on his way to the house of his partner, Sello Rasethaba, when he was shot five times at around 9pm. He found by a passerby on a bridge over Johannesburg's M1 freeway less than a kilometre from his home in Illovo.
The ANCYL said Kebble had never hesitated to make a meaningful contribution to the advancement of black economic empowerment. "His is an example that South African big business should emulate," the league said. "We condemn this senseless killing and blatant act of cowardice in the strongest possible terms, and call upon the law enforcement agencies to bring his killers to book. This is one death too many, and we must act in unison and lend a hand to the criminal justice system to throw the book at these perpetrators of this heinous crime."
Kebble, who was a member of the African National Congress, last year responded to a question about the financial support he had given to the party in the Western Cape by saying he was performing a public duty by giving financial assistance for the development of democracy. "I am a patriot and an ardent supporter of our new democracy," Kebble said at the time. "Whilst I am a member of the ANC and support its policies, I will also support any political party that upholds patriotic and democratic principles."
Kebble said it was up to those parties that he had supported if they wanted to make his donations public, but he had no wish for secrecy. "If they decide to publicly acknowledge my support, they have my blessing to do so," he said.
There have been reports that some senior ANCYL leaders served as "fronts" for some of the Kebble business interests. The former director of the National Prosecuting Authority, Bulelani Ngcuka, was said to have suggested to newspaper editors in 2003 that Kebble's alleged financial support for the ANCYL was for protection, political favours and manoeuvring in muddy business deals.
Kebble's advocate Willem Heath said after this that he had been instructed by Kebble's father and business partner Roger to investigate abuse of power by Ngcuka and former Justice Minister Penuell Maduna.
Source: IoL
Kebble killing: car was riddled with bullets
Brett Kebble's killers shot at him six times on a narrow, deserted stretch of Melrose Street in northern Johannesburg. The mining magnate was hit in the chest and sped away from the killers in his silver Mercedes-Benz. He was alive for a few moments but after driving for 400m he lost control, swerved across the road and smashed into the railing of a bridge over the M1 highway. This is where the police found the 41-year-old's body at about 9.30pm on Tuesday night.
At least one bullet missed him, and exited through the back left window. The car's windscreen had also been pierced by bullets. As Kebble's body was later taken out of the driver's seat and loaded into the mortuary van, police were carrying out investigations down the road, to try to piece together the sequence of events of the hit. A police officer had isolated 10 pieces of evidence with orange cones. Under six of them lay spent 9mm cartridges. 'We are looking at the possibility of this being an assassination'
A crime scene photographer was taking pictures of the long skid mark left by Kebble's car in his desperate attempt to flee. The tyre tracks show that he clipped the pavement on the left-hand side before he headed up the bridge. A lamppost had also been hit and had police tape around it, but it was unclear whether Kebble had driven into it. Kebble's driver's side window was rolled down when the shooting took place and mud was found on one of his wheels. These were signs that he could have stopped to meet someone but had fallen into a trap, an investigator at the scene said on Tuesday night.
The spot where Kebble was shot was at a narrow stretch of Melrose Street and was lit by one lamppost. It was a quiet spot, with a dusty patch and an entrance leading into a public park. It was unlikely there were any witnesses to the shooting. It was also discovered on Tuesday night that none of Kebble's possessions had been taken. On Wednesday morning police were not willing to confirm whether the murder was a professional hit.
Police spokesperson Superintendent Chris Wilken said he could not give any further details of the murder. "We are looking at the possibility of this being an assassination, but there is no evidence to suggest this so far," he said. "Further than that I can not say anything else."
Kebble had been on his way to a dinner engagement with colleague Sello Rasethaba when he was murdered. His father and business partner, Roger Kebble, who is overseas, has been informed of his son's death and is said to be "extremely shocked" at the news. "He was all alone in Paris and I am sure he had a very difficult night last night," Kebble's advocate, Willem Heath, said.
A man, who arrived on the scene before the police, found Kebble's blood-splattered body slumped over the steering wheel of his silver Mercedes-Benz. "There was blood everywhere. Someone wanted him dead. The car was riddled with bullet holes," said the man, who declined to be named.
Kebble's shocked spokesperson, David Barritt, said: "Brett was the most incredibly generous, kind and larger-than-life personality. His contribution to the mining industry will come to be recognised as very considerable."
A commentator said Kebble had had many enemies and his controversial business dealings had made him a target. "The list of people who had a problem with him was long. For some he was a crook whose empire had collapsed. "He had jumped into bed with the ANC Youth League, sponsored arts awards and was also believed to have been one of former deputy president Jacob Zuma's benefactors. "For others, he was a creative and quick-thinking businessman who dared to make deals that others shied away from. "To try to pick out his enemies would be difficult. Who did he cross in the past 10 years? Take your pick."
Kebble's company, RandGold & Exploration, was kicked off the Nasdaq in the US last week. He had to resign from his executive positions at JCI, RandGold & Exploration and Western Areas last month and he had frequently been investigated by the Scorpions. There were also criminal charges hanging over him over share manipulation. Despite the setbacks, he remained upbeat about life, said the commentator. "He was planning to lose weight and get back into shape - and take his first holiday in 14 years. "He also wanted to make a business comeback. "He had been involved in 40 empowerment deals in the past 18 months. "He had made many enemies along the way and any number of them who felt that they had been cheated could have been behind the killing."
Source: IoL
At least one bullet missed him, and exited through the back left window. The car's windscreen had also been pierced by bullets. As Kebble's body was later taken out of the driver's seat and loaded into the mortuary van, police were carrying out investigations down the road, to try to piece together the sequence of events of the hit. A police officer had isolated 10 pieces of evidence with orange cones. Under six of them lay spent 9mm cartridges. 'We are looking at the possibility of this being an assassination'
A crime scene photographer was taking pictures of the long skid mark left by Kebble's car in his desperate attempt to flee. The tyre tracks show that he clipped the pavement on the left-hand side before he headed up the bridge. A lamppost had also been hit and had police tape around it, but it was unclear whether Kebble had driven into it. Kebble's driver's side window was rolled down when the shooting took place and mud was found on one of his wheels. These were signs that he could have stopped to meet someone but had fallen into a trap, an investigator at the scene said on Tuesday night.
The spot where Kebble was shot was at a narrow stretch of Melrose Street and was lit by one lamppost. It was a quiet spot, with a dusty patch and an entrance leading into a public park. It was unlikely there were any witnesses to the shooting. It was also discovered on Tuesday night that none of Kebble's possessions had been taken. On Wednesday morning police were not willing to confirm whether the murder was a professional hit.
Police spokesperson Superintendent Chris Wilken said he could not give any further details of the murder. "We are looking at the possibility of this being an assassination, but there is no evidence to suggest this so far," he said. "Further than that I can not say anything else."
Kebble had been on his way to a dinner engagement with colleague Sello Rasethaba when he was murdered. His father and business partner, Roger Kebble, who is overseas, has been informed of his son's death and is said to be "extremely shocked" at the news. "He was all alone in Paris and I am sure he had a very difficult night last night," Kebble's advocate, Willem Heath, said.
A man, who arrived on the scene before the police, found Kebble's blood-splattered body slumped over the steering wheel of his silver Mercedes-Benz. "There was blood everywhere. Someone wanted him dead. The car was riddled with bullet holes," said the man, who declined to be named.
Kebble's shocked spokesperson, David Barritt, said: "Brett was the most incredibly generous, kind and larger-than-life personality. His contribution to the mining industry will come to be recognised as very considerable."
A commentator said Kebble had had many enemies and his controversial business dealings had made him a target. "The list of people who had a problem with him was long. For some he was a crook whose empire had collapsed. "He had jumped into bed with the ANC Youth League, sponsored arts awards and was also believed to have been one of former deputy president Jacob Zuma's benefactors. "For others, he was a creative and quick-thinking businessman who dared to make deals that others shied away from. "To try to pick out his enemies would be difficult. Who did he cross in the past 10 years? Take your pick."
Kebble's company, RandGold & Exploration, was kicked off the Nasdaq in the US last week. He had to resign from his executive positions at JCI, RandGold & Exploration and Western Areas last month and he had frequently been investigated by the Scorpions. There were also criminal charges hanging over him over share manipulation. Despite the setbacks, he remained upbeat about life, said the commentator. "He was planning to lose weight and get back into shape - and take his first holiday in 14 years. "He also wanted to make a business comeback. "He had been involved in 40 empowerment deals in the past 18 months. "He had made many enemies along the way and any number of them who felt that they had been cheated could have been behind the killing."
Source: IoL
Tuesday, June 12, 2001
More surprises in lapa scandal
Several magistrates and private contractors who had allegedly been involved in the so-called R50 million lapa scandal can expect a second unpleasant surprise.
Heath special investigative unit senior legal adviser Advocate Gerhard Visagie on Tuesday confirmed that "many Justice department officials and private contractors" could expect subpoenas from the unit to appear before a special tribunal.
The report was compiled by the Investigating Directorate for Serious Economic Offences (IDSEO) following a probe of two years. Arrests can be expected soon.
Both the Heath Unit and IDSEO probes stem from the exposure in 1998 of the involvement of Magistrates' courts in fraudulent authorisation of private contractors to effect luxury renovations to Magistrates' Courts and official homes.
Source: News 24.com
Heath special investigative unit senior legal adviser Advocate Gerhard Visagie on Tuesday confirmed that "many Justice department officials and private contractors" could expect subpoenas from the unit to appear before a special tribunal.
The report was compiled by the Investigating Directorate for Serious Economic Offences (IDSEO) following a probe of two years. Arrests can be expected soon.
Both the Heath Unit and IDSEO probes stem from the exposure in 1998 of the involvement of Magistrates' courts in fraudulent authorisation of private contractors to effect luxury renovations to Magistrates' Courts and official homes.
Source: News 24.com
Sunday, May 20, 2001
Heath's future is still uncertain
Judge Willem Heath is consulting his family and friends about his future after President Thabo Mbeki turned down a request by the controversial corruption-buster to resign from the judiciary.
On the advice of Justice Minister Penuell Maduna, Mbeki sent a letter to Judge Heath refusing his request to be discharged from active service as a judge. Judge Heath, who has been on long leave, is due to return at the end of this month but had hoped to leave the bench to become a private sector anti-corruption consultant.
The decision by Mbeki was made just weeks ahead of a planned request by Pan Africanist Congress MP Patricia de Lille for a judicial review of Mbeki's decision to exclude the special investigating unit, formerly headed by Judge Heath, from the arms deal investigation.
Acting on a Constitutional Court ruling, the national assembly has approved legislation barring a special investigating unit being headed by a judge.
This means that even should Mbeki's decision to exclude the unit be overturned, Judge Heath could not be involved in the arms deal probe because he would continue to be a judge.
Source: Cape Times
On the advice of Justice Minister Penuell Maduna, Mbeki sent a letter to Judge Heath refusing his request to be discharged from active service as a judge. Judge Heath, who has been on long leave, is due to return at the end of this month but had hoped to leave the bench to become a private sector anti-corruption consultant.
The decision by Mbeki was made just weeks ahead of a planned request by Pan Africanist Congress MP Patricia de Lille for a judicial review of Mbeki's decision to exclude the special investigating unit, formerly headed by Judge Heath, from the arms deal investigation.
Acting on a Constitutional Court ruling, the national assembly has approved legislation barring a special investigating unit being headed by a judge.
This means that even should Mbeki's decision to exclude the unit be overturned, Judge Heath could not be involved in the arms deal probe because he would continue to be a judge.
Source: Cape Times
Tuesday, April 3, 2001
'Corruption governs SA': Heath
Corruption governs a South Africa led by people who are not serious about fighting it, and steps have to be taken to ensure the country does not "go the same way" as Third World Africa, Judge Willem Heath said on Tuesday.
Heath, the controversial head of the special investigating unit, said the government was not dedicated in the fight against corruption.
"I doubt that they are serious about corruption," he told members of the South Africa/Israel Chamber of Commerce and investigators of the private security firm, Stallion Security, at a function in Johannesburg.
There was a culture of dishonesty in South Africa, said Heath. Only a few members of government were guilty of ignoring corruption, but unfortunately only "a few people were running politics".
Source: News 24.com
Heath, the controversial head of the special investigating unit, said the government was not dedicated in the fight against corruption.
"I doubt that they are serious about corruption," he told members of the South Africa/Israel Chamber of Commerce and investigators of the private security firm, Stallion Security, at a function in Johannesburg.
There was a culture of dishonesty in South Africa, said Heath. Only a few members of government were guilty of ignoring corruption, but unfortunately only "a few people were running politics".
Source: News 24.com
Monday, January 22, 2001
Top judge thrown off 'corrupt' arms deal inquiry
A top corruption buster was reported yesterday to have sought the backing of Nelson Mandela after South African President Thabo Mbeki blocked him from investigating alleged corruption in a 43 billion rand (£3.7bn) arms deal involving Britain.
The Sunday Independent, a South African sister paper of The Independent, and South Africa's Sunday Times newspapers said Judge Willem Heath, head of a successful anti-corruption unit, had telephoned Mr Mandela for backing after Mr Mbeki blocked him from investigating alleged corruption in the foreign arms deal.
The contract, signed in December 1999, involving arms firms in Britain, Germany, Italy, Sweden, France and South Africa, is supposed to generate investments worth 104 billion rand (£9bn) and create 65,000 much-needed jobs. But allegations of bribery have surrounded the deal, and a preliminary study by the auditor-general last year called for a more detailed audit after finding serious flaws in procedure.
Source: The Independent
The Sunday Independent, a South African sister paper of The Independent, and South Africa's Sunday Times newspapers said Judge Willem Heath, head of a successful anti-corruption unit, had telephoned Mr Mandela for backing after Mr Mbeki blocked him from investigating alleged corruption in the foreign arms deal.
The contract, signed in December 1999, involving arms firms in Britain, Germany, Italy, Sweden, France and South Africa, is supposed to generate investments worth 104 billion rand (£9bn) and create 65,000 much-needed jobs. But allegations of bribery have surrounded the deal, and a preliminary study by the auditor-general last year called for a more detailed audit after finding serious flaws in procedure.
Source: The Independent
Top judge thrown off 'corrupt' arms deal inquiry
A top corruption buster was reported yesterday to have sought the backing of Nelson Mandela after South African President Thabo Mbeki blocked him from investigating alleged corruption in a 43 billion rand (£3.7bn) arms deal involving Britain.
The Sunday Independent, a South African sister paper of The Independent, and South Africa's Sunday Times newspapers said Judge Willem Heath, head of a successful anti-corruption unit, had telephoned Mr Mandela for backing after Mr Mbeki blocked him from investigating alleged corruption in the foreign arms deal.
The contract, signed in December 1999, involving arms firms in Britain, Germany, Italy, Sweden, France and South Africa, is supposed to generate investments worth 104 billion rand (£9bn) and create 65,000 much-needed jobs. But allegations of bribery have surrounded the deal, and a preliminary study by the auditor-general last year called for a more detailed audit after finding serious flaws in procedure.
Source: The Independent
The Sunday Independent, a South African sister paper of The Independent, and South Africa's Sunday Times newspapers said Judge Willem Heath, head of a successful anti-corruption unit, had telephoned Mr Mandela for backing after Mr Mbeki blocked him from investigating alleged corruption in the foreign arms deal.
The contract, signed in December 1999, involving arms firms in Britain, Germany, Italy, Sweden, France and South Africa, is supposed to generate investments worth 104 billion rand (£9bn) and create 65,000 much-needed jobs. But allegations of bribery have surrounded the deal, and a preliminary study by the auditor-general last year called for a more detailed audit after finding serious flaws in procedure.
Source: The Independent
Friday, January 19, 2001
Mbeki's decision sounds death knell for Heath unit
The decision by President Thabo Mbeki to exclude the Heath Special Investigation Unit from the controversial R43-billion arms deal probe signals the death knell of the unit, Judge Willem Heath said on Friday evening.
Quashing any hopes of the unit appealing the decision, Heath, who had not been officially informed of the exclusion by Mbeki said: "There is no next move because we have ceased to exist."
Heath said he was not surprised by the president's decision "because we have always anticipated the possibility".
"But of course I am disappointed. I know many other people in the country are disappointed. We were merely trying to protect the interests of the country as well as that of the government."
Source: News 24.com
Quashing any hopes of the unit appealing the decision, Heath, who had not been officially informed of the exclusion by Mbeki said: "There is no next move because we have ceased to exist."
Heath said he was not surprised by the president's decision "because we have always anticipated the possibility".
"But of course I am disappointed. I know many other people in the country are disappointed. We were merely trying to protect the interests of the country as well as that of the government."
Source: News 24.com
Tuesday, January 16, 2001
Mbeki's mistakes - a UK view
The prospect of President Thabo Mbeki's acceptance of Justice Minister Penuell Maduna's advice to exclude Judge Willem Heath from a probe into an alleged arms deal scam, is being seen here in the same light as the South African government's "three other major blunders".
The newspaper The Guardian elaborates on "anger" experienced in South Africa over the government's disregard of a parliamentary committee for public accounts' insistence that Heath be included in the probe into a suspect government arms contract of R43 million with Britain and other foreign arms companies.
The newspaper finds the South African government guilty of other "serious political errors of judgement". The three black marks against Mbeki's name are for his blundering over HIV/Aids, the government's laxity regarding Zimbabwe, and the rumpus over Lesotho.
"Despite accusations raised by its opponents, there is no evidence of corruption by the South African government in the arms deal. However, it is guilty of other serious political errors of judgement."
The newspaper argues that even though Mbeki retracted on his denial of a connection between HIV and Aids, his prestige took a sharp knock in South Africa, the country with most HIV-infected people world-wide.
In addition, the government's lame stance over Robert Mugabe had been as ineffective as the furore created in Britain over the issue.
"Mbeki, however, has more to lose. Should Zimbabwe be crippled economically, an influx of its citizens could paralyse South Africa," the newspaper said.
The government's intervention in Lesotho in 1998 had also been a "military and political blunder". The nation had been outraged when a well-equipped, but poorly prepared South African force got bogged down against an ill-equipped opponent, leaving Maseru practically destroyed.
The article, reporting over Mbeki's acceptance of Justice Minister Penuell Maduna's recommendation that Heath be excluded from the three investigating teams into the arms deal, says that in South Africa the government is being accused of overriding democracy.
Extensive coverage is given to the fact that a request from the committee for public accounts was disregarded, and also to criticism from the PAC, the IFP and even from the Archbishop of Cape Town, the Reverend Njongonkulu Ndungane.
Source: News 24.com
The newspaper The Guardian elaborates on "anger" experienced in South Africa over the government's disregard of a parliamentary committee for public accounts' insistence that Heath be included in the probe into a suspect government arms contract of R43 million with Britain and other foreign arms companies.
The newspaper finds the South African government guilty of other "serious political errors of judgement". The three black marks against Mbeki's name are for his blundering over HIV/Aids, the government's laxity regarding Zimbabwe, and the rumpus over Lesotho.
"Despite accusations raised by its opponents, there is no evidence of corruption by the South African government in the arms deal. However, it is guilty of other serious political errors of judgement."
The newspaper argues that even though Mbeki retracted on his denial of a connection between HIV and Aids, his prestige took a sharp knock in South Africa, the country with most HIV-infected people world-wide.
In addition, the government's lame stance over Robert Mugabe had been as ineffective as the furore created in Britain over the issue.
"Mbeki, however, has more to lose. Should Zimbabwe be crippled economically, an influx of its citizens could paralyse South Africa," the newspaper said.
The government's intervention in Lesotho in 1998 had also been a "military and political blunder". The nation had been outraged when a well-equipped, but poorly prepared South African force got bogged down against an ill-equipped opponent, leaving Maseru practically destroyed.
The article, reporting over Mbeki's acceptance of Justice Minister Penuell Maduna's recommendation that Heath be excluded from the three investigating teams into the arms deal, says that in South Africa the government is being accused of overriding democracy.
Extensive coverage is given to the fact that a request from the committee for public accounts was disregarded, and also to criticism from the PAC, the IFP and even from the Archbishop of Cape Town, the Reverend Njongonkulu Ndungane.
Source: News 24.com
Tuesday, November 28, 2000
ConCourt's 'no' to Judge Heath heading commission
The Constitutional Court on Tuesday declared Judge Willem Heath's heading of the Special Investigative Unit of the Heath Commission as inconsistent with the constitution.
Heath's SIU, established during former president Nelson Mandela's tenure, was initially asked to investigate government corruption in the Eastern Cape. Mandela extended the unit's mandate to encompass the whole country.
In July, while addressing a two-day conference on corruption, Heath said the unit had recovered R314 million since it was founded in 1997.
Constitutional Court president Arthur Chaskalson said the functions of the head of the SIU were far removed from the normal functions of the judiciary.
He said the intrusive investigative quality of the SIU was incompatible with the separation of powers between the judiciary and the government, as required by the South African constitution.
The judgment was unanimous.
Source: Nwes 24.com
Heath's SIU, established during former president Nelson Mandela's tenure, was initially asked to investigate government corruption in the Eastern Cape. Mandela extended the unit's mandate to encompass the whole country.
In July, while addressing a two-day conference on corruption, Heath said the unit had recovered R314 million since it was founded in 1997.
Constitutional Court president Arthur Chaskalson said the functions of the head of the SIU were far removed from the normal functions of the judiciary.
He said the intrusive investigative quality of the SIU was incompatible with the separation of powers between the judiciary and the government, as required by the South African constitution.
The judgment was unanimous.
Source: Nwes 24.com
Thursday, September 7, 2000
Heath's appointment 'hurts judiciary'
Judge Willem Heath's appointment as head of the special investigating unit into government corruption could damage the independence of the judiciary in the public's eye, the Constitutional Court heard on Thursday.
Arguing on behalf of the SA Association of Personal Injury Lawyers (Saapil), Advocate Wim Trengove said public confidence in the judiciary was "virtually dependent" on judges' perceived impartiality.
Saapil, an association of lawyers engaged in personal accident litigation, is appealing directly to the Constitutional Court against the dismissal of three challenges it previously raised in the Transvaal High Court.
Source: News 24.com
Arguing on behalf of the SA Association of Personal Injury Lawyers (Saapil), Advocate Wim Trengove said public confidence in the judiciary was "virtually dependent" on judges' perceived impartiality.
Saapil, an association of lawyers engaged in personal accident litigation, is appealing directly to the Constitutional Court against the dismissal of three challenges it previously raised in the Transvaal High Court.
Source: News 24.com
Tuesday, September 21, 1999
Heath to call magistrates in R30m probe
ine KwaZulu-Natal magistrates will be among 48 magistrates and contractors that the corruption-busting Heath Commission will summon before special tribunals for allegedly being involved in the misappropriation of more than R30-million in State funds. This was announced by Judge Willem Heath in Ulundi on Monday after briefing KwaZulu-Natal premier Lionel Mtshali on a number of cases under investigation by the unit, including management of the Reconstruction and Development Programme (RDP) funds intended to help victims of political violence in KwaZulu-Natal.
The scam being investigated against magistrates involves the misappropriation of millions in public funds intended for the maintenance of magistrates' offices."We have concluded the investigations to that matter and we are on the point of issuing summonses to large number of magistrates all over the country. "As far as KwaZulu-Natal is concerned, we have nine magistrates that we will be taking action against as well as a number of contractors. The total money all over the country involves about R38 million," said Heath.
A number of contractors were also accused of making false representations to magistrates, saying they had the proper authority to go ahead with work when they did not. In a meeting described by both both Heath and Mtshali as "fruitful and successful", the two discussed wide-ranging issues around the moves to arrest the tide of corruption in the province and in the country.
On the issue of the controversial RDP funds, Heath said no progress had been made, adding that the unit had applied for a proclamation from President Thabo Mbeki's office. "As soon as that is proclaimed we will attend to that case as it is one of our priority cases," he said.The RDP funds budgeted for helping the victims of political violence in the past two years and managed by the provincial director-general Professor Otty Nxumalo have been dogged with controversy for some time. On Monday, Heath said they were also investigating the department of traditional and environmental affairs. However, he did not elaborate on the nature and scope of the investigation in this regard.
Mtshali welcomed Heath in Ulundi in the "spirit of partnership against all forms of corruption and dishonesty". "His visit ties up with our policy position that we shall not tolerate any form of corruption and self-enrichment. Whatever resources are available at our disposal as government must be used to be best advantage of the poor communities," said Mtshali. He added that right now there was an investigation into transport irregularities and the possibility of fraud in KwaZulu-Natal. "There are quite a number of cases under investigation and therefore it was quite important for Judge Heath to brief me as a head of government so as to offer him all our support and we believe that at the end of it all, we have to develop a culture of honesty as people of the province," said Mtshali.
SourceL IoL
The scam being investigated against magistrates involves the misappropriation of millions in public funds intended for the maintenance of magistrates' offices."We have concluded the investigations to that matter and we are on the point of issuing summonses to large number of magistrates all over the country. "As far as KwaZulu-Natal is concerned, we have nine magistrates that we will be taking action against as well as a number of contractors. The total money all over the country involves about R38 million," said Heath.
A number of contractors were also accused of making false representations to magistrates, saying they had the proper authority to go ahead with work when they did not. In a meeting described by both both Heath and Mtshali as "fruitful and successful", the two discussed wide-ranging issues around the moves to arrest the tide of corruption in the province and in the country.
On the issue of the controversial RDP funds, Heath said no progress had been made, adding that the unit had applied for a proclamation from President Thabo Mbeki's office. "As soon as that is proclaimed we will attend to that case as it is one of our priority cases," he said.The RDP funds budgeted for helping the victims of political violence in the past two years and managed by the provincial director-general Professor Otty Nxumalo have been dogged with controversy for some time. On Monday, Heath said they were also investigating the department of traditional and environmental affairs. However, he did not elaborate on the nature and scope of the investigation in this regard.
Mtshali welcomed Heath in Ulundi in the "spirit of partnership against all forms of corruption and dishonesty". "His visit ties up with our policy position that we shall not tolerate any form of corruption and self-enrichment. Whatever resources are available at our disposal as government must be used to be best advantage of the poor communities," said Mtshali. He added that right now there was an investigation into transport irregularities and the possibility of fraud in KwaZulu-Natal. "There are quite a number of cases under investigation and therefore it was quite important for Judge Heath to brief me as a head of government so as to offer him all our support and we believe that at the end of it all, we have to develop a culture of honesty as people of the province," said Mtshali.
SourceL IoL
Thursday, July 1, 1999
Probe into R2m paid to 'phantom' staff
Judge Willem Heath's special investigating unit is probing a scam involving 15 000 "ghost" workers in Northern Province, in an attempt to recover over R2-million paid out to non-existent staff last year. The ghost workers were first identified during an independent audit of the province's 125 000 listed public servants last year. The phantom workers were identified in six of the province's 10 departments, with health and welfare having the most problems.
Judge Heath's provincial investigation head, Frank Vos, said the provincial government had provided enough leads for the unit to recover a sizable portion of the loss. "Many of those responsible are actually civil servants themselves and are people who were effectively collecting double or even triple salaries," he said. "They will now have to repay every cent they weren't entitled to, plus interest."The investigation forms part of a broader recovery programme proclamated by former president Nelson Mandela on May 12. Vos said preliminary investigations were proceeding well, with the Auditor-General assisting in several related probes in Northern Province.
Source: IoL
Judge Heath's provincial investigation head, Frank Vos, said the provincial government had provided enough leads for the unit to recover a sizable portion of the loss. "Many of those responsible are actually civil servants themselves and are people who were effectively collecting double or even triple salaries," he said. "They will now have to repay every cent they weren't entitled to, plus interest."The investigation forms part of a broader recovery programme proclamated by former president Nelson Mandela on May 12. Vos said preliminary investigations were proceeding well, with the Auditor-General assisting in several related probes in Northern Province.
Source: IoL
Monday, June 28, 1999
Heath unit to act against IBA officials
The Heath special investigative unit has decided to take legal action against former Independent Broadcasting Authority (IBA) officials in an effort to recover more than R200 000 in state funds. A probe by the Auditor-General in 1997 found three former councillors - Peter de Klerk, Lindall Shope-Mafole and Sibeletso Mokone-Malabane - had charged personal expenses to their business credit cards and claimed allowances to which they were not entitled. The three resigned their posts after accepting responsibility for a breakdown of financial and administrative controls at the IBA, but denied they were liable to reimburse the authority.
Heath unit spokesman Guy Rich said Section 5 notices - the equivalent of a summons - would be drafted and issued to "four or five ex-IBA officials" within a fortnight.He declined to name the officials, saying this could only be done once the notices had gone out. Rich said the unit had consulted the auditing firm Deloitte and Touche - which was instructed by the Public Protector in 1997 to investigate the controversy - and decided to institute legal action.
Those officials who received a Section 5 notice would be entitled to legal representation, and given 21 days to file a return notice to say whether they intended to defend the action against them. A pre-trial hearing would then be held, and a date set down for the matter to be heard by a special tribunal. The tribunal, a special court of law which has the power to hand down judgements for assets to be recovered, should sit before the end of September, Rich said. The money was outstanding for more than two years, he said.
In an audit report on the IBA for the year ended March 31, 1998, and tabled in Parliament on Monday, the Auditor-General said the body's financial statements fairly reflected its financial position, and there were significant improvements in its financial controls. The pay packages of serving IBA councillors had been reduced in November last year to bring them into line with salaries approved by the state expenditure department. The audit report noted that money owed by the three councillors was still outstanding.
Source: IoL
Heath unit spokesman Guy Rich said Section 5 notices - the equivalent of a summons - would be drafted and issued to "four or five ex-IBA officials" within a fortnight.He declined to name the officials, saying this could only be done once the notices had gone out. Rich said the unit had consulted the auditing firm Deloitte and Touche - which was instructed by the Public Protector in 1997 to investigate the controversy - and decided to institute legal action.
Those officials who received a Section 5 notice would be entitled to legal representation, and given 21 days to file a return notice to say whether they intended to defend the action against them. A pre-trial hearing would then be held, and a date set down for the matter to be heard by a special tribunal. The tribunal, a special court of law which has the power to hand down judgements for assets to be recovered, should sit before the end of September, Rich said. The money was outstanding for more than two years, he said.
In an audit report on the IBA for the year ended March 31, 1998, and tabled in Parliament on Monday, the Auditor-General said the body's financial statements fairly reflected its financial position, and there were significant improvements in its financial controls. The pay packages of serving IBA councillors had been reduced in November last year to bring them into line with salaries approved by the state expenditure department. The audit report noted that money owed by the three councillors was still outstanding.
Source: IoL
Thursday, March 18, 1999
Heath Commission to Recover Money Stolen from Victims of Road Crashes
The President has issued a proclamation requiring the Heath Commission’s Special Investigating Unit to investigate the defrauding of road crash victims by members of the legal profession.
The establishment of the investigation follows a Memorandum from the Minister of Transport Mac Maharaj to the Minister of Justice that certain legal practises be investigation by Judge Heath’s unit where road crash victims have been defrauded by their legal representatives. The proclamation will be published in the Government Gazette soon.
Maharaj said that the Road Accident Fund, of which he is the shareholding minister, has been aware of unethical and illegal behaviour by some members of the legal fraternity for a while after numerous complaints to both his office and the RAF. Of 143 cases investigated by the RAF and the Department of Transport, on average 56% of what was supposed to be paid to victims was kept by their lawyers and in six instances is appears that 100% of the amount the claimants were awarded was kept by their lawyers.
Source: Minister of Transport
The establishment of the investigation follows a Memorandum from the Minister of Transport Mac Maharaj to the Minister of Justice that certain legal practises be investigation by Judge Heath’s unit where road crash victims have been defrauded by their legal representatives. The proclamation will be published in the Government Gazette soon.
Maharaj said that the Road Accident Fund, of which he is the shareholding minister, has been aware of unethical and illegal behaviour by some members of the legal fraternity for a while after numerous complaints to both his office and the RAF. Of 143 cases investigated by the RAF and the Department of Transport, on average 56% of what was supposed to be paid to victims was kept by their lawyers and in six instances is appears that 100% of the amount the claimants were awarded was kept by their lawyers.
Source: Minister of Transport
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