EFF rejection of Gordhan in Cabinet a misunderstanding of the law - De Vos

The Economic Freedom Fighters (EFF) has rejected President Cyril Ramaphosa's new Cabinet.

Ramaphosa on Wednesday evening announced his Cabinet, reducing the number of ministries from 36 to 28.

In a statement, the party says it finds Ramaphosa "a dishonest, manipulative person whose Cabinet decision is an absolute insult to the intelligence of the country."

It says the Public Protector Busisiwe Mkhwebane's findings against Minister of Public Enterprises Pravin Gordhan are binding unless a court of law sets it aside.

With regard to the EFF's stance, constitutional law expert Pierre de Vos speaks to Bongani Bingwa and says there is a misinterpretation of the Nkandla judgment

Because, in paragraph 99 of that judgment, the court said the National Assembly cannot flout the Public Protector's report and it cannot, without going to court, review and set it aside. In that context, the court then said, neither the president nor the National Assembly was entitled to respond to the binding remedial action as if it had no force.

Pierre de Vos, Constitutional law expert

What that means is, unless you take it to court, unless you have it reviewed - and there has to be a review application already lodged - it will remain binding, but as soon as you lodge a court action, then like any other appeal on a court judgment, it is suspended.

Pierre de Vos, Constitutional law expert

It would make no sense to implement the remedial action which at a later stage may have to be overturned, he adds.

Bingwa speaks to, African National Congress (ANC) national spokesperson Pule Mabe who says reconfiguring a Cabinet is not an easy assignment.

We in the ANC are comforted by the work that Ramaphosa has done and acknowledge the energy that has been brought in by this new Cabinet. The whole generational mix is a sound expression for this Cabinet.

Pule Mabe, National spokesperson - ANC

We hope that these men and women will do their best to implement the manifesto of the ANC.

Pule Mabe, National spokesperson - ANC

Newly elected De Lille speaks to Bingwa and says she is honoured by Ramaphosa's call for her to serve.

I have always said that I will serve my country in any capacity. I received a call from the president late yesterday afternoon asking me to come and see him. I went to Pretoria, he consulted and asked me whether I was prepared to serve, and I agreed. I am ready to serve because I pledged my support last week.

Patricia de Lille, Minister - Public Works and Infrastructure

Listen below to the full interview:


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