Opposition parties have taken to the courts to have President Jacob Zuma's decision to remove both Pravin Gordhan and Mcebi Jonas declared irrational. The Democratic Alliance (DA) has taken their fight to the North Gauteng High Court.
Ben Winks, Independent legal consultant: Specialising in constitutional and international law says the DA faces slightly better prospects this time around as opposed to their Western Cape High Court application.
That was one was really doomed to fail.
— Ben Winks, Independent legal consultant: Specialising in constitutional and international law
Winks says the DA will attempt to highlight the tainted processes in which Gordhan was removed.
Even if the court were satisfied that the decision was irrational, that would be a very high standard to meet when dealing with a constitutional prerogative of the President, what then? Is the court going to order the reinstatement of Pravin Gordhan?
— Ben Winks, Independent legal consultant: Specialising in constitutional and international law
Winks says a reinstatement of Pravin may be complex and will not remedy the situation at present.
For more of Winks analysis listen to the audio below:
