ConCourt dismisses Ramaphosa's leave to appeal
Johannesburg - The Constitutional Court has dismissed President Cyril Ramaphosa's appeal against the Gauteng High Court order which compelled former president Jacob Zuma to provide reasons for dismissing his ministers and deputy ministers from Cabinet.
The case emanates from Zuma's controversial 2017 firing of former finance minister Pravin Gordhan and his deputy Mcebisi Jonas.
The DA had launched a review application with the North Gauteng High Court in a bid to force Zuma to reverse his decision, and also provide reasons why he fired them.
When Zuma refused, the DA successfully applied for an interlocutory order to compel him to provide the record of the proceedings relating to the duo's dismissals, which he then took on appeal to the Supreme Court of Appeal (SCA).
An interlocutory order is a temporary order which is usually issued during the course of litigation.
When Zuma stepped down, the matter was still pending at the SCA, and the DA and Ramaphosa resolved on withdrawing the original review application at the high court.
Ramaphosa, however, contended the high court interlocutory order compelling his office to produce the records and reasons for the dismissals amounted to violation of the separation of powers and powers of the rules board, and unsuccessfully appealed with the SCA before resorting to the Constitutional Court.
Delivering the judgment, Chief Justice Mogoeng Mogoeng said it was not in the interest of justice to grant Ramaphosa's appeal, as it was moot and interlocutory in character.
“The majority judgment concluded that it is ordinarily not in the interest of justice to entertain an appeal against an interlocutory order,” Justice Mogoeng said.