There is a “serious constitutional crisis” looming in South Africa when judges enter the space of the executive and begin to play in the political space.
This was the warning delivered by Kebby Maphatsoe, the Deputy Minister of Defence and Military Veterans and Umkhonto weSizwe Military Veterans Association (MKMVA) head, in reaction to yesterday’s ruling at the high court in Joburg that executive decisions taken by President Jacob Zuma can be reviewed.
The ruling was given by Judge Bashir Vally, who gave reasons for last week’s judgment in which he ordered Zuma to furnish the DA with reasons and records that informed the president’s recent decision to reshuffle his cabinet.
Reacting to Judge Vally’s ruling, Maphatsoe asserted: “We are worried, as the MKMVA, that once judges begin to enter the space of the executive, we are heading for a constitutional crisis in South Africa. The constitution is very clear on the separation of powers between the executive, judiciary and legislature. We feel very strongly that some judges are beginning to play into the political space.”
The DA wants Zuma’s decision to fire former finance minister Pravin Gordhan and his deputy Mcebisi Jonas reviewed and set aside, as well as the records - including the so-called “intelligence report” - that Zuma relied on before firing the aforementioned ministers.
Judge Vally said yesterday that the president had not dealt with the existence or non-existence of the intelligence report in his submissions, which was why he made the order for Zuma to give the DA “the record of all documents and electronic records (including correspondence, contracts, memoranda, advices, recommendations, evaluations and reports) that relate to the decisions which are sought to be reviewed and set aside”.
But Maphatsoe questioned this decision, saying it would be the first time in the country where intelligence reports were ordered to be published.
“You will be playing into the confidentiality and secrecy of the state,” he warned.
SACP spokesperson Alex Mashilo said at face value, Judge Vally’s ruling did not appear to be challenging Zuma’s constitutional powers to appoint or dismiss ministers and deputy ministers.
“The judgment would have obviously been wrong to challenge the powers of the president. The (SACP’s) political bureau is meeting this Friday and will comprehensively look at the judgment.
“The SACP did not accept the manner in which the president did the reshuffle politically and the rationality thereof,” Mashilo added.
Cosatu spokesperson Sizwe Pamla said while they were worried that the “untransformed judiciary” might venture into the political space, they couldn’t “blindly pretend that it is not an important sector in stopping the rot in the country”.
DA MP and federal executive chairperson James Selfe welcomed yesterday’s ruling, saying “this judgment is a very significant victory for transparency because, in my view, the Ministry of Finance is an important political office-bearer”, the appointment of which has an effect on the economy”.
Constitutional law expert Shadrack Gutto echoed Selfe’s views, saying Zuma did not act “diligently and rationally” when he fired Gordhan.