Zuma wary after claims by Heath

President Jacob Zuma.

President Jacob Zuma.

Published Dec 12, 2011

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President Jacob Zuma has moved to insulate himself from Willem Heath, the long-serving ally he controversially appointed to lead the Special Investigating Unit (SIU) just 13 days ago.

Presidential spokesman Mac Maharaj – himself under fire for his alleged involvement in arms deal tender-related irregularities – said Zuma had asked Justice and Constitutional Development Minister Jeff Radebe to look into comments Heath made during an interview with City Press.

Heath accused former president Thabo Mbeki of masterminding the fraud, corruption, money laundering, racketeering and rape charges – and the ultimately failed prosecutions that stemmed from some of these charges – against Zuma between 2005 and 2009.

Radebe has been asked to “prioritise” the matter so that it can be “brought to conclusion without delay”. However, in a move arguably designed to distance Zuma from the saga, the Presidency also said it was “abundantly clear” that Heath made the offending comments “in his personal capacity”.

“The Presidency and the government in general have nothing whatsoever to do with the comments made by Heath,” said Maharaj.

The presidential spin doctor also stressed that Zuma ordered a probe into the comments “before any complaint from any quarter, because he was concerned about the contents of the interview”.

“Given the serious nature of the allegations, the president announced his decision to the public… that immediately when he became aware of the City Press newspaper article, he had instructed his office to investigate the facts and circumstances surrounding the Heath interview,” Maharaj explained.

Radebe has since confirmed that Heath has handed him “information” on the matter. “At the outset (Heath) strongly indicated that the interview was conducted in his personal capacity and not in his professional capacity as head of the SIU,” Radebe is reported to have told the Sunday Times this weekend.

Heath, himself a former judge, also suggested during the City Press interview that Judge Hilary Squires of the Durban High Court erred in finding Zuma’s former friend and financial adviser, Schabir Shaik, guilty of corruption in 2005 – a verdict later upheld by the Supreme Court of Appeal (SCA).

Judge Squires sentenced Shaik to 15 years in prison for, among other things, paying Zuma R1.2 million to further their “mutually beneficial symbiosis” – a political, personal and commercial relationship later described by the registrar of the Supreme Court of Appeal as an “overall corrupt relationship”. Shaik was also found to have solicited bribes on Zuma’s behalf from French arms manufacturer Thomson-CSF.

However, Zuma’s role in this “corrupt” relationship was never tested in court. The on-again-off-again corruption case against Zuma was eventually dropped by then national director of public prosecutions Mokotedi Mpshe just weeks before the national elections in 2009, paving the way for Zuma to eventually become president.

Heath’s claim that Mbeki “dictated” to the National Prosecuting Authority (NPA) during its investigations against Zuma has prompted an angry response from the man who led the NPA for much of the time in question, Bulelani Ngcuka.

After telling Independent Newspapers last week that he was enjoying his retirement and would not be dragged into the fracas, Ngcuka addressed an “open letter” to Heath this weekend in which he slammed the SIU boss for making “scurrilous” accusations.

“(N)ow that you have been restored to the position you have consistently believed is your God-given right to hold (Heath also led the SIU in 2000), you triumphantly return to take revenge against me, my wife (former deputy president Phumzile Mlambo-Ngcuka) and former president Mbeki by resorting to the perpetuation of slander, innuendo and defamation.

“That there is no basis for the allegations matters not to you, as your mantra appears to be that such conduct is justified by your objective of vilification and destruction of those you see as your enemies, real or perceived,” he wrote.

Ngcuka went on to challenge Heath to provide proof of his allegations.

“There is now no more reason for you to sulk and withhold such evidence. I also hope you will be willing to take the witness stand, testify on oath regarding any such evidence as you may have and subject yourself to an examination on the truthfulness of your allegations,” the retired prosecutor said, adding that he reserved his right to pursue the matter in court.

Meanwhile, the DA has welcomed the news that Zuma is looking into Heath’s comments, but insists that the SIU boss should be suspended pending the outcome of this process.

“To have the head of the SIU making serious allegations against senior public figures without offering any proof, and questioning the judgments of three courts, is irresponsible and shows a lack of judgment.

“In addition, it raises concerns about his ability to act impartially. Given that these are essential requirements for the head of the SIU, it is clear that (Heath) cannot occupy it,” DA MP Debbie Schafer said.

She has also urged Zuma to consider the potential conflict of interest arising from Heath’s continued involvement in his private investigating firms. Heath told City Press last week that he had accepted the SIU job on condition that he would not be required to give up his private business interests – a condition to which Zuma appears to have agreed.

Heath could not be reached for comment yesterday, but told Independent Newspapers in the week that he did not think the furore would cost him his job.

“No, not at all. It’s rather typical to be on the receiving end of comments and newspaper reports. It’s not going to put my job in danger,” he said. - Political Bureau

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