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"