South African Association of Personal Injury Lawyers v Heath and Others

The President, acting under the Special Investigating Units and Special Tribunals Act 74 of 1996, established a Special Investigating Unit (SIU) and appointed a sitting High Court judge, Willem Hendrik Heath, as its head. A later presidential proclamation referred allegations concerning attorneys handling Road Accident Fund (RAF) claims to the SIU for investigation, specifically alleging that some attorneys failed to pay clients their due compensation. The South African Association of Personal Injury Lawyers, representing attorneys practising in personal injury law, challenged the constitutionality of key provisions of the Act, the appointment of a judge as head of the SIU, and the proclamation authorising investigation of its members. The Association argued that the SIU’s investigative and executive powers were intrusive, infringed privacy rights, and that assigning such powers to a sitting judge undermined judicial independence and the separation of powers.

Section 3(1) of the Special Investigating Units and Special Tribunals Act 74 of 1996 was declared unconstitutional to the extent that it requires the head of the SIU to be a sitting judge. The appointment of Judge Heath as head of the SIU and the related proclamations were set aside. The constitutional challenge to the SIU’s search and investigative powers was dismissed.

This case is a leading authority on judicial independence and the separation of powers in South African constitutional law. It clarifies the limits on assigning non-judicial functions to judges and affirms that even constitutionally desirable objectives, such as combating corruption, must be pursued in a manner consistent with the Constitution. The judgment also confirms that implied constitutional principles, including separation of powers, are fully enforceable.