Willem Heath's multimillion-rand backpay bid thrown out of court

A retired judge overplayed his hand when he tried to sue President Jacob Zuma for millions of rands — money he felt had been denied to him by former President Thabo Mbeki.

On Wednesday‚ Cape Town High Court judges Patrick Gamble‚ Daniel Dlodlo and Elizabeth Baartman dismissed Willem Heath’s application to challenge Mbeki’s refusal in 2001 to discharge him from the bench.

He was also ordered to pay the president’s costs and those of the second respondent‚ the minister of justice and constitutional development.

When Mbeki refused to discharge him Heath resigned‚ foregoing the benefits which come with either retiring or being discharged from the bench. These includes a full judge’s salary for life‚ currently of R1‚765‚934.

Then-president Nelson Mandela appointed Heath as head of the Special Investigating Unit in 1997. His woes began four years later when the Constitutional Court ruled that his role was in conflict with judicial independence.

Heath asked Mbeki to discharge him from the bench so that he could continue as the head of the SIU but keep his salary as a judge. Mbeki refused‚ saying he had to choose which position he wanted to hold.

On Wednesday‚ Gamble pointed out in his judgment that it took Heath 15 years to lodge an application against Mbeki’s decision.

In this period‚ Heath was thought to have made generous amounts of money by setting up and running Heath Consulting‚ among other things.

“This is problematic because judges are precluded from receiving any remuneration other than in terms of the Judges Act of 2001 without the consent of the minister of justice and constitutional development‚” said the judgement.

“Through the use of vernacular‚ he will receive ‘double pay’‚ with the judicial remuneration coming at the expense of the taxpayer.”

Gamble said granting Heath’s request would not only be prejudicial to the respondents but also to the public purse and “the image of the judiciary as a whole”.