JUSTICE Minister Jeff Radebe has refused to shoulder the blame for the bungling that saw Advocate Willem Heath hired as head of the Special Investigating Unit (SIU) and then resign in disgrace, after making serious allegations about former president Thabo Mbeki.

Heath's resignation has shone the spotlight on Radebe, whose department is blamed for embarrassing President Jacob Zuma after repeated miscalculations have seen some of the government's appointments and decisions successfully challenged.

In an interview with the Sunday Times, Radebe said he was not responsible for hiring Heath despite the latter's controversial relationship with the Kebble family.

The former high court judge worked for the Kebbles and made questionable payments on their behalf using his company's trust account.

"How would you know ... each and everything that people do? This is a former judge of the high court in the Eastern Cape. This is the former head of the SIU ... I'm saying those questions must be directed at him," said Radebe.

He said the fact that Zuma had asked him to investigate Heath's comments - made in an interview with City Press - showed the "seriousness" with which the government viewed what he had said.

Heath had accused Mbeki of orchestrating the rape and corruption charges against Zuma.

Radebe would not say whether Heath had been given an exit package. "That is a matter between him and the SIU. It's a labour issue regulated through the Public Service, so it's between Heath and the SIU."

Radebe was adamant that he was doing a good job and denied giving Zuma bad advice : "I do my job to the best of my ability. It is in the nature of our democracy that decisions, even of ordinary citizens and of government, can be subjected to court challenge and our constitutional democracy entails that the judiciary is the final arbiter ... so it's a reflection of the vibrancy of our constitutional democracy," he said.

But Heath's departure - after only 17 days at the helm of the SIU - was the latest episode in questionable decisions and appointments which have left the government with egg on its face.

The appointment of the controversial Advocate Nomgcobo Jiba as the acting head of the SIU has further raised eyebrows. Radebe defended his department and said the criticism was part of a healthy democracy.

While Mbeki has written to the Presidency demanding that it provide proof of Heath's allegations, Radebe said the matter was now closed. "We have taken action, the matter has ended as far as we are concerned. We were deeply concerned ourselves, that's why we had to have this discussion with Heath which ended in his resignation."

He defended Jiba's appointment saying that it was only temporary and that she was suitable for the position.

Jiba - also the deputy national director of public prosecutions - was previously suspended from the National Prosecuting Authority after allegedly assisting an SAPS investigation into her colleague, senior prosecutor Gerrie Nel.

Nel was leading the investigations into former national police commissioner Jackie Selebi at the time.

Said Radebe: "There is no controversy or cloud hanging over Advocate Jiba's head. There is no issue whatsoever between the NPA and Advocate Jiba ... there was a conclusion of that matter ... she is head of prosecutions in her role as deputy national director, my understanding is that she is working very well with her people there," he said.

Asked why he and not Zuma had announced Jiba's appointment, Radebe said she had been appointed by the president.

Radebe's department has taken flak for the bungling of the extension of former chief justice Sandile Ngcobo's term of office; the appointment of Advocate Menzi Simelane as the national director of public prosecutions, as well as the premature announcement of Judge Willem van der Merwe as the head of the arms deal inquiry.

Radebe would not comment on the Supreme Court of Appeals' ruling that quashed Simelane's appointment . He said the government would challenge the ruling in the Constitutional Court. He added that Judge Van der Merwe had initially agreed to head the arms deal inquiry but had later changed his mind.

He defended the courts, which have been criticised by some ANC leaders as being hostile to the ruling party and its government.

"Our understanding is that the courts are independent, they are subject to the constitution and the law and they take decisions without any fear, favour or prejudice," said Radebe.

He also defended the ANC, saying "it would be wrong to say people should not express themselves".

Radebe said the growing focus on his department was a "reflection of strong leadership being provided".