FORMER judge Willem Heath, who died in Cape Town on October 9, 2024, at the age of 79, is one of the most powerful legal brains South Africa loses. Confirmed by his son Marius, his death signals the end of an era for a man whose relentless pursuit of justice changed the country’s political and legal scene.

Deep commitment to public service and the quest of government accountability defined Heath’s life. Born in 1945, he grew up with moral principles that would guide his work—integrity, justice, and a will to defend the most defenceless members of society.

Following his Bachelor of Arts in Law and Bachelor of Laws at the University of Pretoria, Heath started his legal career with a reputation for acute intelligence and intense commitment. His early career set the groundwork for a court route that would bring him national recognition.

President Cyril Ramaphosa offered his deep condolences to Heath’s family and former colleagues: “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 maladaministration.

“May his soul rest in peace.”

At the dawn of South Africa’s democracy in 1997, Heath was appointed by President Nelson Mandela to head the just launched Special Investigating Unit (SIU). Mandela’s audacious plan to eradicate corruption and maladministration that had grown out of control during the apartheid era threatened to throw off the nation’s development.

For Heath, this assignment was a calling he embraced with unparalleled energy, not only a professional honour.

The SIU also mourned the passing of Heath, its founding head and a pivotal figure in the fight against corruption, often referred to as “the people’s judge”.

Advocate Andy Mothibi, the current head of the SIU, expressed profound sorrow over Heath’s passing and extended heartfelt condolences to his family, friends, and colleagues.

“Former Judge Heath’s 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 the late judge 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,” Mothibi said.

While South Africa was experiencing major political and economic changes, the SIU was assigned to deal with general government corruption. Heath soon gained recognition for his bold approach to looking at widely publicised fraud and misconduct cases, including the explosive arms deal inquiry threatening to undermine the political underpinnings of the nation.

Heath was a man who thought law had great ability to effect change. Operating on a civil action basis, his creative technique in the SIU let the unit recoupment damages from dishonest acts free from the weight of satisfying the criminal standard of proof.

This made the SIU a successful and distinctive organisation, which helped billions of rand lost to corruption to be recovered. Through his work, corrupt officials were held responsible in ways never seen in South Africa.

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. We have lost a remarkable advocate for transparency and good governance.

“On behalf of the Ministry, we extend our heartfelt condolences to Judge Heath’s family, the judiciary, his friends, and colleagues. His lasting impact on the legal landscape and his relentless pursuit of justice will always be remembered. May his soul rest in eternal peace.”

The Ministry hailed Heath’s contribution to the South African law fraternity, according to a report by SAnews.gov.za.

“The Ministry … expresses profound sorrow at the passing of Judge Willem Hendrik Heath, a distinguished legal figure whose unwavering commitment to combating corruption and maladministration will resonate throughout South Africa’s history.

“Judge Heath’s dedication to the rule of law was evident throughout his illustrious career. His legacy continues to inspire legal professionals committed to justice. His courage and integrity in the face of adversity, along with his significant contributions to legal reform and public sector accountability, are widely recognised,” the Ministry said.

The historic Heath Commission of Inquiry on corruption and maladministration in the Eastern Cape was the pillar of Heath’s term. The results of this investigation were crucial in determining South Africa’s governance style as they exposed structural problems in government activities and inspired legislative changes.

The recommendations of the Commission resulted in the SIU’s founding and a legislative framework for its activities, therefore enabling the unit to pursue civil recoveries and discard illegal contracts.

Heath had obstacles in his career notwithstanding his achievements. Often in conflict with political authorities, especially during Thabo Mbeki’s presidency; his conflict with Mbeki about probes into the arms sale and other high-profile issues would finally cause him to leave in 2001.

Heath’s leaving the SIU was a major setback to the fight against corruption since his integrity and commitment to justice had made him a thorn in the side of those who intended to exploit authority.

Concerns over the separation of powers led the Constitutional Court to decide in 2000 that a sitting judge could not concurrently run an investigation unit like the SIU, hence defining one of the turning points of Heath’s career.

President Mbeki opposed Heath’s attempt to leave his judicial job in order to carry on working with the SIU. This choice was a turning point in Heath’s public life and compelled his ultimate departure from the SIU.

Heath, however, stayed a strong supporter of responsibility even outside of the SIU and kept speaking out on national issues like corruption probes surrounding former President Jacob Zuma.

The contributions Willem Heath made to South Africa beyond his duties as investigator and judge. This man made every choice driven by a moral compass and integrity. He insisted on his dedication to the rule of law and the preservation of public resources even in the presence of political intervention.

His actions shaped public service’s transparent ethos and served as the guide for the next investigations into corruption, including the State Capture Commission, which would subsequently reveal extensive wrongdoing in the following years.

Heath had an impact well outside the political and legal domains. Renowned for his humility, wisdom, and readiness to question the current quo, he was a mentor to many of the legal fraternity members. A generation of young public workers and solicitors motivated by his work saw in him an example of what actual leadership and commitment to justice ought to look like.

Willem Heath led a committed family guy in his personal life. Marius, his son, frequently mentioned his father’s love of justice but also his friendliness and humour, which won over everybody who knew him. Heath always made time for his family, whom he loved above everything else, even with the weight of the cases he handled and the political pressure he encountered.

When South Africa considers the legacy of former judge Willem Heath, we recall a man who personified the best standards of public service. His efforts against corruption prepared the way for future generations, therefore guaranteeing that integrity and responsibility would always be pillars of the democracy of the nation. Although his death leaves a gap, his influence will always be felt in the continuous work towards an open, fair society.

We sincerely sympathise with his family, friends, and colleagues. Though Heath’s memory will always be a monument of relentless honesty and a life lived in the service of truth, South Africa has lost a giant in the realm of justice. Knowing that his efforts will keep forming the country he so loved and served, may he rest in peace.

sizwe.dlamini@inl.co.za

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