[LISTEN] "President cannot claim it is his right to hire and fire"

A Pretoria High Court judgment ordering President Jacob Zuma to provide reasons for his latest Cabinet reshuffle has caused a split opinion over whether or not the courts were correct to interfere in what is deemed a presidential prerogative.

The Democratic Alliance (DA) recently approached the court to ask for the record and explanation of Zuma's decision as well as the intelligence report he reportedly relied upon to sack former finance minister, Pravin Gordhan and his deputy Mcebisi Jonas.

Constitutional law expert , Professor Shadrack Gutto, says while the President has a right to appeal the decision, the President's powers must still be exercised within the law.

Section one requires that we build a democracy which is transparent and open, and in this case, the President cannot just claim that it is my right to be able to appoint and fire. Let us assume that the President was doing that every week, we would be ungoverned.

Shadrack Gutto , Constitutional Law expert

There is no way a court cannot take a case which has been brought to it. The court do not go to look for cases, the court hear what is brought to them....

Shadrack Gutto , Constitutional Law expert

Click on the link below to listen to the full interview...


This article first appeared on 702 : [LISTEN] "President cannot claim it is his right to hire and fire"


Read More
Debate: Is there excessive 'lawfare' in South Africa?

Debate: Is there excessive 'lawfare' in South Africa?

Courts may be the only way to keep executive and legislature in check, but others believe the judiciary must stay out of politics.

Lindiwe Sisulu says ANC branches are captured

Lindiwe Sisulu says ANC branches are captured

ANC NEC member Lindiwe Sisulu has once again raise various concerns about the state of the ANC and its leadership.

[LISTEN]Law experts divided on whether courts should interfere in Gordhan axing

[LISTEN]Law experts divided on whether courts should interfere in Gordhan axing

Constitutional law experts weigh in on the court decision ordering President Zuma to provide reasons for axing Gordhan.

Maimane on court's ruling for Zuma to provide Cabinet reshuffle records

Maimane on court's ruling for Zuma to provide Cabinet reshuffle records

Democratic Alliance leader Mmusi Maimane says this court ruling is a victory for South Africans.

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.

Popular articles
Military coup feared after Zim army chief demands a stop to Mugabe regime purge

Military coup feared after Zim army chief demands a stop to Mugabe regime purge

Zimbabwe's army chief Constantino Chiwenga has demanded a "stop" to the purge in President Robert Mugabe's ruling Zanu-PF.

WATCH: Innovative spray limits toilet flushes and saves water

WATCH: Innovative spray limits toilet flushes and saves water

Loo Me is a simple yet effective scented foam that takes the yuck out of "mellowing" toilets preventing multiple flushes.

Employers better think twice before booting out an older staffer

Employers better think twice before booting out an older staffer

Doris Viljoen says SA should regard older people as valuable contributors in the advancement of our economy.

Zuma denies state capture, describes it as a fake political tool

Zuma denies state capture, describes it as a fake political tool

On Monday night, President Zuma sat down for an hour long interview on ANN7.