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Zuma ordered to give explanation for firing Pravin Gordhan

4 May 2017 4:57 PM
Richard Calland says it may be difficult for the courts to prove President Zuma's Cabinet reshuffle decision as irrational.

On Thursday, Judge Bashier Vally ordered President Jacob Zuma to hand over all relevant document relating to his recent decision to reshuffle cabinet.

The Democratic Alliance (DA) approached the High Court in Pretoria to ask for the record of President Zuma's decision as well as the intelligence report Zuma reportedly relied on to sack former finance minister, Pravin Gordhan.

Read: Zuma can't appeal court order to provide Cabinet reshuffle records - DA

Richard Calland, Associate Professor in Public Law Department at the University of Cape Town (UCT) says although the case is interesting it is however unwise.

Read: President Zuma's affidavit pleads ignorance of Gordhan intelligence report

This is an area that the courts should stay away from. I think if the courts start to interfere into political choices about who is in or out of government will cause problems.

Richard Calland, Associate Professor in Public Law Department at the University of Cape Town (UCT)

Calland explains that where a political judgment is made, as in the case of Gordhan, however reckless, remains a political judgment.

Calland adds that because President Jacob Zuma has not admitted to the intelligence report as the basis of dismissing Gordhan it will be difficult to be prove that his decision was irrational as per the DA's court order.

Read: Parties, civil society must challenge Zuma's intelligence report - ANC veteran

Also read: Zuma ordered to hand over record of his decision to axe Gordhan

In the end Ii think President Zuma will have the defence that "well it was my political judgement".

Richard Calland, Associate Professor in Public Law Department at the University of Cape Town (UCT)

Read: 12 reasons why Zuma axed Gordhan (leaked by 'insider' Chester Missing)

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This article first appeared on 702 : Zuma ordered to give explanation for firing Pravin Gordhan


4 May 2017 4:57 PM