‘Worrisome’ precedent

The African National Congress yesterday said it has “noted with concern” the judgment delivered by the High Court in Pretoria which compels President Jacob Zuma to hand over records of his Cabinet reshuffle decision to the Democratic Alliance (DA) within five days.

On Thursday, Judge Bashir Vally, presiding in the matter, ruled in favour of the DA’s urgent application to have Zuma’s reasons for reshuffling his Cabinet on March 30 disclosed.

Reacting to the ruling, ANC national spokesperson Zizi Kodwa said: “This judgment signifies unfettered encroachment of the judiciary into the realm of the executive – pandering to the whims of the opposition who want to co-govern with the popularly elected government through the courts.”

Kodwa added the “constitution confers upon the president powers to constitute his Cabinet without imposing an obligation upon him to consult opposition parties in the exercise of this discretionary function”.

He said to read into the constitution that the president must explain himself on the composition of the executive to the opposition is to use the judiciary to police political decisions and sets a “very worrisome” precedent.

“The appointment of ministers and deputies as well as reshuffling of Cabinet is a discretionary decision of the president.” – ANA