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DA launches action to force Zuma's hand

Publish date: 26 April 2017
Issue Number: 4210
Diary: Legalbrief Today
Category: General

The DA filed an urgent application in the Gauteng High Court (Pretoria) in an attempt to compel President Jacob Zuma to reveal his reasons for last month's sweeping Cabinet reshuffle. The head of the party's federal executive, James Selfe, said the application went hand in hand with the DA's earlier application to review the rationality of the decision to remove Pravin Gordhan and Mcebisi Jonas from their posts as Finance Minister and Deputy Finance Minister respectively in the 31 March reshuffle, says a report on the IoL site. 'This latest urgent application is necessary to force the President to disclose the reasons for and the record of his decision to reshuffle his Cabinet so that our earlier application to review the rationality of his decision can proceed,' Selfe explained. He noted that in its founding papers for the second application, the party asked that the court orders Zuma to provide a written record of his reasons for the reshuffle. He said Zuma had been disingenuous in maintaining he was not obliged to disclose his thinking as he had been exercising his executive power. The exercise of public power must be subject to the principles of legality and rationality, Selfe argued. ‘In particular, it is a requirement of our law that a decision must be rationally related to the purpose for which the power was conferred. It follows that the President's decisions ... must pass the standards of rationality. In the absence of a rational explanation, the President's decision to reshuffle his Cabinet would be unlawful.'

Full IoL report

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