The North Gauteng High Court yesterday ordered President Jacob Zuma to hand over his records and reasons for the March cabinet reshuffle within five working days.
Judge Bashir Vally ordered Zuma to provide all documents and electronic records including correspondence, reports, contracts, memoranda, evaluations, advice received and recommendations that related to making the decisions.
The Democratic Alliance approached the court to compel Zuma to hand over his records which saw former finance minister Pravin Gordhan and his deputy Mcebisi Jonas sacked in a midnight reshuffle at the end of March.
During argument, advocate Steven Budlender, for the DA, said that the records would reveal whether Zuma relied on the intelligence report to reshuffle his cabinet.
“Every executive decision is subject to review under the principle of legality and rationality. Without knowing the reasons, you can’t formulate the rationality,” Budlender told the court.
Zuma has maintained that he is empowered through the constitution to hire and fire and that the decision to axe Gordhan and Jonas was an executive one.
This was supported by advocate Ishmael Semenya, for Zuma, who during argument said that the president appoints ministers and deputies and can also dismiss them.
He said the president had already provided reasons for the recent reshuffling of the cabinet. It was in the interests of the voters.
Semenya told the court that the DA was not entitled to any record on which Zuma based his decision to reshuffle his cabinet.
“The president’s decision to reshuffle cabinet is quintessentially one that belongs in the category of executive decisions that deserve protection from disclosureThe applicant is thus not entitled to any record of the decision,” Semenya said.
DA federal executive chairperson James Selfe said whatever reason is provided in the report, it would be tested on its rationality and the effect it had on the country.
“What we would want in future to happen is for the president to take decisions on the composition of his cabinet that actually fulfil the oath of office that he took, which is to promote the interests of all South Africans. ”