Judge Vally: Why Zuma must give records to DA

President Jacob Zuma Picture: Jacques Naude/ANA Pictures

President Jacob Zuma Picture: Jacques Naude/ANA Pictures

Published May 9, 2017

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Johannesburg – President Jacob Zuma has not disputed or confirmed the existence of the so-called "intelligence report" speculated to be relied upon for the firing of the former finance minister Pravin Gordhan and his deputy Mcebisi Jonas.

This is the reasons why Judge Bashir Vally said Zuma must provide the DA with all records showing what steps he took before reshuffling his cabinet. Judge Vally made this ruling in the high court in Joburg on Tuesday morning.

Last week in Pretoria, Judge Vally ordered 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".

Zuma had five days to furnish the DA with the aforementioned records and today they were back in court.

The DA wants the president's decision to fire Gordhan and Jonas be reviewed and set aside, saying an "intelligence report" was used to reach this decision.

The president argued in oral submissions last week that the DA was entitled to the reasons but not the records of his decision to fire Gordhan and Jonas because the records were subject to the doctrine of legality.

However, Judge Vally said that the president had not dealt "with the existence or non-existence of this report".

"In this vein, the President has not indicated what documents or electronic records exist and which of those he objects to disclosing on the ground that their disclosure would be unlawful for one reason or another," Judge Vally contended.

"In these circumstances this Court has no choice but to issue an order for a record as canvassed", by the DA's motion.

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The Star

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