The fate of Heath's special investigation unit : an evaluation in terms of the separation of powers doctrine

[摘要] ENGLISH ABSTRACT:This thesis is a response to the judgment of the Constitutional Court in SouthAfrican Personal Injury Lawyers v Heath, in which certain provisions of theSpecial Investigating Units and Special Tribunals Act were subjected toconstitutional review. The outcome of the case was the striking down of certainprovisions of the Act as unconstitutional, and the removal of Judge Willem Heathfrom his position as head of the Unit. The provisions were said to infringe upon theprinciple of separation of powers, an implicit term of the Constitution of SouthAfrica. This principle affects the extent of the judicial power because of itsinfluence on determining the acceptability of extra-judicial functions. The doctrineof separation of powers is therefore considered in its historical and theoreticalcontext, with particular reference to the way in which it tends to limit or define therole of judges. Following this analysis, the status of institutions supportingconstitutional democracy is examined, and the legislation governing SpecialInvestigating Units is compared with that which regulates the office of the PublicProtector. As a result, some alternative legislative means of achieving the ends ofthe Units, namely the combating of state corruption and maladministration, aresuggested.

[发布机构] Stellenbosch University