A Formidable Force. Remembering Former Judge Willem Heath

Is it just me or has this year seen more than its fair share of loss?

On October 9, less than a month after the passing of our esteemed former finance minister, Pravin Gordhan, former Judge Willem Heath passed away at the age of 79.

At the Stellenburg Dutch Reformed Church, during one of several memorials held in recent weeks, his son, Marius, reflected on the many tributes that have poured in for his late father.

“Being a pioneer in [our] government’s anti-corruption architecture and in the early life of our democracy…being the peoples’ judge. That is one of the most beautiful things ever bestowed upon him,” he said. “My father would have been greatly humbled by the recognition.”

At the same service, Advocate Gerhard Wilhelm Visagie, one of Judge Heath’s colleagues from the Special Investigating Unit (SIU), described him as his mentor and hero.

“He is the father of the SIU,” he said. “Some would argue, but I would say the SIU is the biggest legacy the judge left on the South African landscape. He had the willingness to put in the effort, to create an entity that would become an additional weapon in the fight against corruption and maladministration. His vision of using the principle of the application of civil law as a weapon [to do so], was very innovative.”

Although Judge Heath’s expertise in combating corruption and fraud was recognised and applauded around the world, it was here at home in South Africa where his work had the greatest impact.

Attorney and human rights activist, Igshaan Higgins, agreed, saying, “After meeting this compassionate man, I lost my fear of the Afrikaner man. I was fortunate to be in a space with a true humanitarian. He was a great lawyer; he did a lot for South Africa.”

Mr Higgins’ last statement, albeit a simple tribute, is, perhaps, the perfect summation of Judge Willem Heath’s life.

He did, indeed, do a lot for South Africa.

As a graduate of the University of Pretoria, Judge Heath served as a prosecutor in the early years of his career, earning a reputation for being exceptionally dedicated to the rule of law.

He went on to serve as a member of the then Attorney General’s staff in the Eastern Cape, before starting his own practice as an advocate. He was later conferred with Senior Counsel status, an achievement that bears testament to the respect he had earned as a formidable legal mind.

In 1995, he ascended to the Bench with his appointment as a Judge of the Eastern Cape High Court, located in Bisho. Here, his admirable reputation extended far beyond the boundaries of the courtroom, as evidenced by our then President Nelson Mandela appointing him to head a Commission of Enquiry into corruption, fraud, and maladministration in the Eastern Cape, a position he held from 1995 and 1997.

The Commission’s ground-breaking work exposed a critical gap in our country’s law enforcement and revealed an urgent need for a permanent body to address this. As a result, President Mandela and the then Minister of Justice, Dullah Omar, approached Judge Heath to help the Department of Justice and the Office of the State Law Advisor draft the Special Investigating Units and Special Tribunals Act.

On the back of this, they established the Special Investigating Unit (SIU), an independent agency of government mandated with investigating corruption and maladministration in state institutions. President Mandela appointed Judge Heath as the first head of the unit.

It was undoubtedly this role, which he held from 1997 to 2001, that brought his name to the attention of the international community, where he was recognised for his leadership and expertise at identifying and exposing corruption at the highest level. He was also widely acknowledged as being fiercely dedicated to advancing the causes of justice, clean governance and accountability.

Over 20 years later, the impact of this work continues to be felt across South Africa – and will, I am sure, continue to do so long into the future.

Adv. Andy Mothibi, the current head of the SIU, expressed his deep sorrow at Judge Heath’s passing, saying, “[His] unwavering dedication to eradicating corruption and upholding the rule of law has left an indelible mark on our nation’s judiciary and public life. As the SIU, we will carry forward Judge Heath’s legacy and values, and pledge to uphold the principles of fairness and accountability that [he] championed throughout his career. His wisdom, fairness, and steadfast commitment to justice will be deeply missed by the members of the SIU, the legal fraternity, and the entire country.”

President Ramaphosa also paid tribute to his legacy, saying, “Judge Willem Heath will be remembered as an early architect of [the] government’s anti-corruption architecture, and a pioneer in the efforts, early in the life of our democracy, to rid the state and society of corruption and maladministration.”

There’s no doubt that South Africa has lost a remarkable advocate for transparency and good governance. But I believe we can take comfort from the legacy he left to not only the legal and forensic professions, but also to our country’s prominent business leaders. By tirelessly championing ethical practices and financial accountability, Judge Heath raised the bar and set an inspirational example for CEOs and CFOs alike to follow.

In her tribute to this extraordinary man, Justice and Constitutional Development Minister Thembi Simelane said, “Judge Willem Hendrik Heath embodied the highest principles of justice and integrity. His relentless fight against corruption established a gold standard for accountability in South Africa, leaving an indelible mark on our legal landscape.”

Judge Heath, your ethics, wisdom, unshakeable sense of fairness, and true compassion for the people of South Africa will live on in the lives of everyone who knew you and benefitted from your lifetime’s commitment to the betterment of our beleaguered country. Thank you, sir, and may your soul rest in peace.