Ex-judge's bid to review Mbeki decision dismissed

Former Judge Willem Heath has failed in a bid to challenge former President Thabo Mbeki's refusal to discharge him as a judge at the height of their spat over the controversial arms deal in 2001. A News24 report notes that in a judgment handed down in the Western Cape High Court last week, Judge Patrick Gamble said Heath's request to have the late filing of the review application condoned was dismissed, as was the application for the review of Mbeki's decision. Heath would also have to pay the costs of two counsel. Heath believed that Mbeki was irrational when he refused to let him retire early, knowing that he could not be the head of the special investigating unit (SIU) anymore, and could not go back to the Bench given his part in a ruling of unconstitutionality. Heath was appointed by former President Nelson Mandela to help establish an SIU that would probe alleged government corruption and maladministration. There was concern over whether having a judge heading a unit conducting investigations was appropriate, given the separation of powers doctrine. In 2000 the Constitutional Court found that a judge could not lead a long-term investigating unit and set a one-year deadline for the situation to be rectified. In 2001 Heath asked Mbeki for a discharge from the Bench after 30 years of service, 15 years of which were as a judge, in light of the Constitutional Court judgment. Mbeki turned him down on 17 May of that year, so he resigned in June. According to the papers filed for the review application, between the time of the Constitutional Court judgment and Heath's eventual resignation, there were private and public spats between the two over Mbeki's initial refusal to include the SIU into the arms deal probe. Heath said he had been called a ‘traitor’ and a ‘liar’ who was acting in a ‘scandalous’ manner. Heath was not in court for the judgment but his attorney, Darren Hanekom, said they would have to read the judgment and take instructions from Heath before commenting.