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

The DA says President Jacob Zuma cannot appeal the court order instructing him to give the opposition party all records related to his recent decision to reshuffle his Cabinet.

The party approached the High Court in Pretoria to ask for the record of decision as well as the intelligence report Zuma reportedly relied on.

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

The DA's James Selfe says the order cannot be appealed because it is an interlocutory order, given amid their main court application which is still underway.

He explains that Zuma will have to give reason and record of why he fired former finance minister Pravin Gordhan and his former deputy Mcebisi Jonas.

According to Selfe, if Zuma's response was based purely on his constitutional prerogative, it will not be seen as a rational decision by the court.

If he were to rely on his so-called prerogative powers and say "I exercised my political judgement", that I'm afraid would not be a rational reason given what transpired after Gordhan was dropped from Cabinet.

James Selfe, DA Federal Executive Chairperson

All executive decisions have to be rational in order to be lawful.

James Selfe, DA Federal Executive Chairperson

Selfe argues that Zuma's reshuffle decision was not rational because of the consequences which he must have foreseen, given the previous events when he fired former finance minister Nhlanhla Nene in December 2015.

The President must have forseen the effect that the Cabinet reshuffle would have... yet he went ahead, recklessly.

James Selfe, DA Federal Executive Chairperson

The party wants to ask the court in a separate application to declare the reshuffle unlawful and have it set aside on the basis of irrationality.

Take a listen to James Selfe's explanation on what follows and the end goal:

Constitutional law expert Marius Wiechers explains why the court ruling cannot be appealed and what an interlocutory entails.

It's not a final judgment. This is an in-between ruling to get the case on course, and it is not appealable.

Marius Wiechers, Former Professor of Constitutional Law

Take a listen:


Recommended

by NEWSROOM AI
Read More
Zuma lashes out at 101 ANC stalwarts in policy conference opening salvo

Zuma lashes out at 101 ANC stalwarts in policy conference opening salvo

President Zuma went 'off script' on Friday when he castigated his detractors saying many denied being on the 101 stalwarts list.

Zuma ordered to give explanation for firing Pravin Gordhan

Zuma ordered to give explanation for firing Pravin Gordhan

Richard Calland says it may be difficult for the courts to prove President Zuma's Cabinet reshuffle decision as irrational.

Zuma ordered to hand over record of his decision to axe Gordhan

Zuma ordered to hand over record of his decision to axe Gordhan

DA’s advocate Steven Budlender has argued in the High Court that the President's executive decisions are subject to review.

SACP threatens action if Zuma is not recalled

SACP threatens action if Zuma is not recalled

Deputy general secretary, Solly Mapaila was speaking at the NUM education and training summit in Midrand on Wednesday.

President Zuma's affidavit pleads ignorance of Gordhan intelligence report

President Zuma's affidavit pleads ignorance of Gordhan intelligence report

The DA's application with the High Court compelling President Zuma to hand over the intelligence report will be heard on Thursday.

[LISTEN] Van Breda's call to emergency services: 'My family and I were attacked'

[LISTEN] Van Breda's call to emergency services: 'My family and I were attacked'

The chilling call Henri van Breda made to emergency services on the night his mother, father and big brother were hacked to death.

Popular articles
[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Malema has accused the rogue unit of still being operational and Pravin Gordhan of working in the background against the EFF.

SA's Michael Houlie (18) talks clinching gold in historic Youth Olympics swim

SA's Michael Houlie (18) talks clinching gold in historic Youth Olympics swim

SA swimming sensation Michael Houlie took gold in the men’s 50m breaststroke final at the Youth Olympic Games last week.

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Cheryl Zondi is testifying against Pastor Timothy Omotoso who is accused of rape and human trafficking in his Durban church.

[WATCH] A golden buzzer for South African trio on talent show

[WATCH] A golden buzzer for South African trio on talent show

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

'The EFF seems to be trying to find scapegoats'

'The EFF seems to be trying to find scapegoats'

Deputy Editor at Financial Mail, Sikhonathi Mantshantsha, seems to be finding excuses as to why its leaders are in trouble.

VBS gave Zuma R8.5m before any security was provided for loan - News 24 journo

VBS gave Zuma R8.5m before any security was provided for loan - News 24 journo

News 24 investigative journalist Kyle Cowan reports that Zuma was granted the loan despite the fact that he could not afford it.

Julius Malema is captured, says Kenny Kunene

Julius Malema is captured, says Kenny Kunene

Kenny Kunene describes the issues he has with EFF leader Julius Malema.