The Presidency has welcomed the Constitutional Court judgement on whether a president had to provide reasons and a record regarding decisions to appoint and dismiss ministers.
The Constitutional Court dismissed an application by the Presidency for leave to appeal the Supreme Court of Appeal ruling saying the matter was moot and an interlocutory or provisional order was not contestable.
However, the apex court has allowed for the possibility of the presidency defending its executive powers in a possible future case related to the separation of powers.
The case arose in 2017 when the Democratic Alliance approached the High Court in Pretoria and it ruled that then President Jacob Zuma must give reasons for his controversial cabinet reshuffle.
Ramaphosa’s Spokesperson, Khusela Diko says, ” The court therefore has not made any determination on the substantive issues, the presidency had sought to get the court to make a decision, on to this end we welcome the court’s own assertion using their words that when a decision is taken by the President in future to change ministers and deputy ministers and he is asked to provide information, a record and decision, it will be left to him to confront that challenge. This is a matter that the presidency will continue to pursue if and when it arises”.
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