President Zuma should explain appointment of Adv. Willem Heath

Statement by Helen Zille, Leader of the Democratic Alliance

5 December 2011

I shall today be writing to President Jacob Zuma requesting that he inform us of the reasons for the dismissal of Willie Hofmeyr as head of the Special Invesitgations Unit, and the reasons for his appointment of Advocate Willem Heath in his place.

The South African public remains in the dark about last week's sudden dismissal by the President of Willie Hofmeyr, and his replacement with Adv. Willem Heath.

The DA immediately raised concerns regarding the objectivity and independence of Adv. Heath.

These concerns were confirmed, and indeed exacerbated yesterday in an interview with Adv. Heath published in the City Press. It is clear from this interview that Adv. Heath has involved himself in factional ANC politics and aligned himself politically on the side of President Jacob Zuma.

This raises serious questions as to whether he will be able to objectively and impartially conduct investigations into corruption at all levels of government. Our concern remains that the President is trying to assert control over independent institutions by appointing people who are loyal to him as factional battles intensify in the run-up to the ANC’s Mangaung elective conference in 2012.

Section 3(4)(b) of the Special Investigating Units and Special Tribunals Act 74 of 1996 provides that the President may at any time remove the head of a Special Investigating Unit "if there are sound reasons for doing so".

We cannot allow the “Zumafication” of South Africa’s constitutionally independent justice system. We believe the President must now supply the “sound reasons” for removing Mr Hofmeyr.

Moreover, in the light of Heath's admitted political loyalty, the President should explain why he sees Adv. Heath as a "fit and proper person to be entrusted with the responsibilities of that office", as required in terms of the Act.