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DA fights Ramaphosa in ConCourt to have him explain Cabinet moves

14 February 2019 1:33 PM
Tags:
Constitutional Court
Cyril Ramaphosa
Ramaphosa
DA
Cabinet reshuffle
Concourt
The ConCourt will hear arguments about whether the president should give reasons to the public for his executive decisions.

President Cyril Ramaphosa and the DA are in the Constitutional Court battling over a court ruling that could be used to force Ramaphosa to disclose his reasons for a Cabinet reshuffle.

The ConCourt will hear arguments about whether the president should give reasons to the public for his executive decisions.

Ramaphosa is challenging a High Court judgment in 2017 ordering that records of top decisions of the Executive should be made available if they are taken on review.

The case stems from the ruling which found former President Jacob Zuma should have provided reasons for sacking Finance Minister Pravin Gordhan.

Constitutional law expert Phephelaphi Dube says the ConCourt is going to be forced to make a fine balancing act.

Dube says the court will have to respect the demands of the rule of law while also acknowledging the separation of powers.

She says that the courts will have to use a rationality test to establish whether the reasons given by a sitting president are rational.

These kinds of questions have never been faced by the ConCourt before.

Phephelaphi Dube, Constitutional law expert

The rule of law demands that there shouldn't be any unaccountable exercise of public power.

Phephelaphi Dube, Constitutional law expert

Listen to the analysis on The Xolani Gwala Show:


This article first appeared on CapeTalk : DA fights Ramaphosa in ConCourt to have him explain Cabinet moves


14 February 2019 1:33 PM
Tags:
Constitutional Court
Cyril Ramaphosa
Ramaphosa
DA
Cabinet reshuffle
Concourt

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