Ivor Powell The media blackout on Judge Willem Heath’s special
investigations unit came about as a result of pressures from Judge Heath’s own staff – a staff afraid of losing jobs as the government squeezed ever harder on the maverick unit. Sources close to the unit said this week a virtual palace coup has been effected inside the outfit, leaving elements wanting to toe the government line in control – and Judge Heath as well as his equally forthright representative Guy Rich out in the cold. One possibility being mooted is that Judge Heath be removed from the unit in favour of a juror less likely to ruffle government feathers. Judge Heath reportedly opposed the decision to clamp down on communications with the media, but with the unit reduced to virtual inertia as the government declines to authorise its investigations, Judge Heath was forced to accommodate
himself to the majority view – while a working committee reviewed the unit’s media policy. The new reticence came to light in a bizarre media release last week. Referring all queries to senior investigator
advocate Gerhard Visagie, the statement identified “the unit’s open approach towards the media in the past” as being primarily responsible for strained relations between the unit and the government and the perception that the unit was the “enemy” of the government. As a result, the statement continued, until a “workman like [sic] media policy” had been drawn up, approaches by the media would be met with a “no comment”. When approached for comment Visagie emphasised the shutdown was only temporary, and contact with the media would be resumed as soon as new strategies were in place. These are currently being drawn up by a working group – which does not include Rich. Sources said that the media portfolio is likely to be taken out of the hands of Rich – who also serves as personal assistant to Judge Heath.
Despite repeated attempts, Rich could not be contacted for comment.
It is understood, however, that the crisis was provoked by a systematic sidelining on the part of the government,
especially since the inauguration of President Thabo Mbeki. Sources said a number of senior African National Congress officials could be implicated in investi- gations already requested by Judge Heath or in the process of initial consideration.
After initial investigations, Judge Heath has first to lodge a request to investigate with the Department of Justice and Constitutional Development. Once approved by that department, the request is passed on to the presidency for the proclamation to be signed into law. However, proclamations have not been forthcoming in recent months. At the same time, the government’s ministers
including Minster of Finance Trevor Manuel and Minister of Justice and Constitutional Development Penuell Maduna have vocally questioned the effectiveness of the unit and accused it of claiming greater successes than it has really achieved.
More than 120 already requested investigations are still awaiting the presidential nod. Meanwhile, only four investigations have been proclaimed since the 1999 election – this in stark contrast to the 11 investigations proclaimed in the first half of 1999 while Nelson Mandela still president. Judge Heath’s request for an expanded budget was also turned down in the latest budget. Despite the strictures however, the unit retrieved (an as yet unaudited) R314-million in misappropriated state funds in the past financial year – against a running budget for its staff of just under 100 of R17-million. Meanwhile several investigations requested by Judge Heath have been referred to other government agencies, including the National Directorate of Public Prosecutions and the Office for Serious Economic Offences. Others, like an investigation into alleged multimillion- rand irregularities at the Technikon RSA, were given to the public protector – despite the fact that the public protector can do no more than compile a report with recommendations for further action by other government agencies. On various occasions, it is understood, the idea has been mooted in the presidency to close down the unit completely. And on one occasion earlier this year Maduna had to backtrack rapidly after hinting at the impending closure and stating that Judge Heath’s operation would be confined to the Eastern Cape. In another apparent attempt to erode the authority of the unit, the government announced late last year that other special investigating units, in parallel with Judge Heath’s, were to be set up, ostensibly to relieve the firebrand judge of an unmanageably heavy load of investigations. Though journalists were told at a special briefing in Pretoria in October that the establishing of parallel units was then only a matter of weeks away, the new structures have yet to materialise.
Meanwhile authoritative government sources said a more likely scenario would be the rewriting of governing
legislation to bring Judge Heath’s formerly independent unit under the control of the National Directorate of Public Prosecutions, a body perceived to be more sympathetic to the government’s sensitivities.