Heath panel 'unconstitutional'

By M. S. Prabhakara

CAPE TOWN, NOV. 28. In a ruling with profound implications, the Constitutional Court declared today the appointment of the Heath Special Investigative Unit, headed by Judge Willem Heath, as unconstitutional.

The Heath Unit, or Heath Commission as it is more popularly known, was appointed during the term of the former President, Mr. Nelson Mandela, initially with a mandate to investigate Government corruption in Eastern Cape. However, over the years, the commission broadened its scope greatly, initiating on its own investigations into alleged acts of corruption all over the country, covering a field far beyond its original mandate.

This has led to some tensions between the Government and the commission. Ministers have openly scoffed at the claims by Judge Heath that his labours have led to the recovery of millions of rands.

The most sceptical of these is the Minister of Finance who has had to face lot of pressure both from the commission and its supporters in the Opposition parties for greater budgetary allocations for the commission.

Central to the ruling by the Constitutional Court is the view that the intrusive investigative conduct of the commission is incompatible with the Constitutional requirement of a strict separation of the powers and functions of the judiciary and the administrative functions of the Government.

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Section  : International
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