‘Court needs to rule’ on cabinet reshuffles

President Cyril Ramaphosa wants the Constitutional Court to rule that he is not legally obliged to explain his cabinet reshuffle decisions, if and when the rationality of those decisions are challenged in court.

President Cyril Ramaphosa wants the Constitutional Court to rule that he is not legally obliged to explain his cabinet reshuffle decisions if and when the rationality of those decisions are challenged in court.

The outcome of this case, originally linked to the DA’s review of then president Jacob Zuma’s decision to fire former finance minister Pravin Gordhan and his deputy Mcebisi Jonas, arguably has significant political implications for Ramaphosa.

His lawyer, advocate Ishmael Semenya, argued in court on Thursday that the constitution confers powers on the president to appoint or dismiss cabinet ministers. “During his term of office, the [president] is most likely to change the constitution of his cabinet, either by reallocating ministers to different departments or dismissing them and appointing others in their stead,” Semenya said.

He said the question of whether Ramaphosa had to explain his reshuffle decisions “will arise in every instance” if a ruling that ordered his predecessor Zuma to provide a record of his decisions to fire Gordhan and Jonas is allowed to stand.

Any ruling that compels Ramaphosa to explain his decisions to fire or hire ministers could, in the words of counsel for the DA Steven Budlender, be “embarrassing or awkward”.

When Zuma dismissed Gordhan and Jonas in 2017, he reportedly used an “intelligence report”, later disavowed by intelligence authorities, to accuse the pair of treason.

The DA challenged the rationality of Zuma’s decision. As part of that challenge, the party won a court battle to compel the former president to hand over whatever material informed his decision a ruling that was later challenged by Ramaphosa, but upheld by the Supreme Court of Appeal (SCA).

The SCA dismissed the appeal on the basis that the relief sought would not have any practical effect or result as Zuma had stepped down.