The DA says President Jacob Zuma cannot appeal the court order instructing him to give the opposition party all records related to his recent decision to reshuffle his Cabinet.
The party approached the High Court in Pretoria to ask for the record of decision as well as the intelligence report Zuma reportedly relied on.
The DA's James Selfe says the order cannot be appealed because it is an interlocutory order, given amid their main court application which is still underway.
He explains that Zuma will have to give reason and record of why he fired former finance minister Pravin Gordhan and his former deputy Mcebisi Jonas.
According to Selfe, if Zuma's response was based purely on his constitutional prerogative, it will not be seen as a rational decision by the court.
If he were to rely on his so-called prerogative powers and say "I exercised my political judgement", that I'm afraid would not be a rational reason given what transpired after Gordhan was dropped from Cabinet.— James Selfe, DA Federal Executive Chairperson
All executive decisions have to be rational in order to be lawful.— James Selfe, DA Federal Executive Chairperson
Selfe argues that Zuma's reshuffle decision was not rational because of the consequences which he must have foreseen, given the previous events when he fired former finance minister Nhlanhla Nene in December 2015.
The President must have forseen the effect that the Cabinet reshuffle would have... yet he went ahead, recklessly.— James Selfe, DA Federal Executive Chairperson
The party wants to ask the court in a separate application to declare the reshuffle unlawful and have it set aside on the basis of irrationality.
Take a listen to James Selfe's explanation on what follows and the end goal:
Constitutional law expert Marius Wiechers explains why the court ruling cannot be appealed and what an interlocutory entails.
It's not a final judgment. This is an in-between ruling to get the case on course, and it is not appealable.— Marius Wiechers, Former Professor of Constitutional Law
Take a listen:
This article first appeared on CapeTalk : Zuma can't appeal court order to provide Cabinet reshuffle records - DA