Publication: Sunday Times
Issued:
Date: 2005-07-03
Reporter: Carmel Rickard
Reporter:
Reporter:
| Publication |
Sunday Times
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| Date |
2005-07-03
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Reporter
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Carmel Rickard |
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Web link
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The
irony of Willem Heath’s involvement in the defence of former Deputy President
Jacob Zuma is this: here’s a man who held himself out to be
at the cutting edge of ethical behaviour in the complex world of business and
politics, yet he now behaves in a way that makes even those without a
degree in ethics flinch with
embarrassment.
The public concern about his position as adviser to
Zuma is that there could be a conflict of interests that prejudices the
taxpayer.
Heath and his commission were involved in the early days of the
arms-deal corruption scandal. Paid by the taxpayer, he pried and prodded and,
using his powers as a judge heading a commission, obliged
people to come before him and tell him things they would rather have kept
hidden.
Now he would be in a position to use
information obtained by the power vested in him at the time against the
interests of the state.
It is unclear at this stage what
information he may have, but to the ordinary onlooker it could appear that he is
being asked to help because of knowledge he may have
obtained from his investigations while still a judge.
If in fact
Heath acquired information that might be useful to the defence, and if he shared
this with the Zuma team, then that would be seen as unethical.
His name
on the list of witnesses means that he cannot consult with Zuma or even with
Zuma’s lawyers about the trial.
If the state added his name because it
genuinely believed he has something to tell the court, then listing Heath is
legitimate. If it was specifically to make him inaccessible to Zuma, then it
would be an improper motive.
Either way, he may still give his advice,
although it will be delayed.
He will become available to the defence at
the end of the state’s case, whether he has given evidence or not, and at that
stage could give the Zuma team the benefit of his advice.
Before then,
however, it would not be a bad idea for someone to give
Heath advice about how the public believes a retired judge should
behave.
With acknowledgements to Carmel Rickard and Sunday Times.