Heath had no option but to resign - but Jiba? 

The Democratic Alliance welcomes the news that Adv Willem Heath has resigned as head of the Special Investigating Unit (SIU).

From the time his appointment was announced the DA raised concerns that he was appointed when the unit was functioning perfectly well under Willie Hofmeyr. We were equally concerned that, because of his closeness to President Zuma, he lacked the necessary degree of impartiality and independence required for this position.

Rather than dispel those concerns, Adv Heath proved us correct when he made it quite clear that he was politically tainted, executive minded, and a supporter of President Zuma, in a City Press interview on 4 December. This is unacceptable for someone in that position, as it is vital that in often sensitive investigations, people must be treated equally and impartially.

There would have been no public confidence if Heath was using his position to promote the interests of an ANC faction. Heath compromised the integrity of the SIU. From then on it was obvious that he could not continue in the position without causing embarrassment to President Jacob Zuma and a loss of confidence in the office of the SIU. So, from that point of view, resigning was the right thing to do.

However, questions remain as to whether he was in fact validly appointed in the first place. I have written to the Minister asking him to investigate whether his appointment is governed by the Public Service Act, which requires retirement by the age of 65. Adv Heath is 66. I have not had a reply to that question yet. We therefore will be asking further questions as to whether that aspect was investigated, and what benefits, if any, Heath will receive on his resignation.

It is also clear that the President cannot afford any more legal challenges after the recent Supreme Court of Appeal declaring his appointment of Menzi Simelane as National Director of Public Prosecutions (NDPP) invalid. It is just a pity that the President's actions in appointing Heath in the first place has created yet another cloud of uncertainty over the criminal justice system, which it can ill afford.

However, the President's astounding appointment of Nomgcobo Jiba does not inspire much confidence that he has learnt his lesson. When she was appointed as Deputy Director of Public Prosecutions (DDNPP) in 2010, my colleague, Dene Smuts, raised alarm bells and said that "Advocate Jiba on all available versions of her history at the NPA (National Prosecuting Authority) engaged in both political and personal plotting, utterly unbecoming a prosecutor, in each case directed at senior prosecutor Advocate Gerrie Nel". The Mail and Guardian also reported that Jiba previously faced charges of dishonesty, unprofessional conduct and bringing the NPA into disrepute.

The President and Justice Minister need to take responsibility for this embarrassment and must not damage the justice system any further.

Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, December 15 2011

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