As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
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