Zuma must provide reasons behind Cabinet reshuffle, judge rules
PRETORIA — Judge Bashier Vally has ruled that President Jacob Zuma must hand over all records explaining the reason why he reshuffled the Cabinet.
Sitting in the North Gauteng High Court in Pretoria on Thursday, and after listening to arguments, Vally said he would give reasons for the ruling next Tuesday.
In court papers, Zuma had said that the DA’s urgent application to have reasons for the recent Cabinet reshuffle divulged was misconceived and without merit.
The Democratic Alliance filed an urgent application with the court on April 24, to force Zuma to disclose his reasons for reshuffling his Cabinet on March 30. “It is an abuse of court process,” he said. Zuma argued he was exercising his powers in terms of section 91 (2) of the Constitution of the Republic of South Africa. He said it was an executive decision that deserved protection from disclosure.
“It is even a level higher than the deliberations of the JSC, or just Cabinet minutes.”
Zuma’s lawyers argued that the DA had already acknowledged this and, on that basis, was not entitled to any record of the decision.
However, the DA said it wanted the court to review and set aside Zuma’s decision to dismiss Pravin Gordhan as finance minister, and his deputy Mcebisi Jonas. The DA said its application for a review of Zuma’s move was unable to proceed because he had refused to file the record and reasons for his decision. This was “simply wrong as a matter of law”.
The review application and the application for the record were patently urgent given the extraordinarily serious and far-reaching nature of his reshuffle, the DA argued.
“For as long as they are not set aside, they will continue to have major prejudicial ramifications for the country.”
This was demonstrated by ratings agency S&P Global and Fitch downgrading of SA to junk status.
“These downgrade decisions affect ordinary South Africans severely.”
Meanwhile, the ANC says it is concerned by the ruling that Zuma must disclose his reasons for his latest Cabinet reshuffle.
“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,” ANC national spokesperson Zizi Kodwa said in a statement yesterday.
"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."
Kodwa's statement was much stronger than comments he made immediately after the ruling on Thursday.
He told News24 on Thursday that the ANC respected the independence of the judiciary and the doctrine of separation of powers, and it was up to the Presidency to decide to appeal the ruling.
Yesterday, Kodwa said that reading into the Constitution that the President must explain his Cabinet decisions was "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 and political decision of the President of the Republic derived from the Constitution." He urged Zuma to appeal the judgment. The Democratic Alliance, which filed the application, said on Thursday that the matter was urgent, as more damage was being done to the economy with every passing day.
"There is a another ratings agency that is going to make an announcement about whether to downgrade South Africa, and we are hoping that the court can play with us in reviewing the rationality as soon as possible," the party's James Selfe said outside the court.
Selfe said they were now a step closer to reviewing the reasons for the sacking of Pravin Gordhan.
President Jacob Zuma said in Durban on Thursday that he had reshuffled his Cabinet recently to make room for young people in government.
Speaking at the World Economic Forum (WEF) on Africa, Zuma was responding to a question from the floor on how young people can play a bigger role in decision making.
"I reshuffled my Cabinet recently and I put a lot of young people in my Cabinet," Zuma said.
"Of course, people have different views about that, but that's democracy." — Sapa