The Cabinet on Wednesday approved draft legislation providing for a person other than a judge to head the anti-corruption Special Investigating Unit (SIU).

This follows a Constitutional Court ruling last year that it is unconstitutional for a judge to lead such a unit.

The court gave Parliament a year's grace to rectify the matter.

The SIU is currently headed by Judge Willem Heath, who is embroiled in a controversy about whether the unit should be involved in the probe into government's controversial R43bn arms acquisition programme.

Justice Minister Penuell Maduna put the draft legislation to cabinet in Pretoria on Wednesday, and it was approved, his spokesman Paul Setsetse told Sapa on Wednesday.

It would now be scrutinised by state law advisers and tabled in Parliament as soon as possible after its official opening by President Thabo Mbeki on February 9.

The bill would provide for a "fit and proper" person with the necessary legal background to head the unit, he said.

With acknowledgement to INet Bridge and Business Day.