The Pan Africanist Congress will go ahead with a judicial review of President Thabo Mbeki's decision to exclude Judge Willem Heath's anti-corruption unit from the R43-billion arms probe. 

PAC Chief Whip Patricia de Lille said lawyers had scrutinised the documentation - provided by Mbeki on February 7 - on which he based his decision to exclude the unit. 

"After consultation with the legal team, we have decided to proceed to court to review the decision of the state president taken on 19 January... 

"We envisage to proceed to court shortly," De Lille said 

The PAC has based its case on sections 32 and 33 of the constitution, which relates to access to information and just administrative action. 

Bheki Khumalo, a spokesperson for the president, said in reaction to the news that the presidency would be prepared to defend in court its position on the exclusion of Judge Willem Heath's investigative unit from the probe. 

"We believe in the correctness of the position taken by the president ... and we will go to any court in the country to defend that position," Khumalo said. 

With acknowledgement to Sapa and Independent Online.