The unhappy fact that it is journalists, investigating organs of state and officialdom and the political class and their involvement in corrupt practices to loot the State’s resources, who, by so doing, attract the attention of powerful and influential persons who are capable of suborning the apparatus of the State to smell out their adversaries, cannot be ignored. The examples of abuse of the system have been addressed elsewhere in this judgment. Moreover, the respondents’ perspectives assume that the designated judge is not lied to and is diligent… In my view, in the absence of a rebuttal, this example illustrates a grave vulnerability in RJCA that such an apparent abuse could occur. The common cause examples of blatant lies being told to the designated judge further exacerbates the vulnerability of the system.
CASAC STATEMENT: Removal of Willie Hofmeyr as the head of the Special Investigating Unit (SIU) and his replacement by Willem Heath.
Under the leadership of Hofmeyr the SIU, despite its limited mandate, became one of the key structures in the fight against corruption. We note that Willem Heath has had a close relationship with President Zuma, having acted as an advisor to Zuma when he was being investigated by the erstwhile Scorpions on allegations of corruption. Whilst as head of the SIU he will only investigate matters that are referred to him by the President, his independent judgment will be compromised.
In the light of the Constitutional Court judgment in the Glenister case calling for an effective independent body to fight corruption, this decision by the President can only serve to weaken the states capacity to tackle corruption.
This appointment marks another step in the process of rewarding individuals, whose independence has been compromised, dating back to the appointment of Menzi Simelane as the National Director of Public Prosecutions.
Our country needs a robust, fearless criminal justice sector in order to deal effectively with crime and corruption. This move by the President is a set-back in that quest.
Lawson Naidoo – 073 158 5736
Masutane Modjadji – 076 9370825BACK TO TOP