The African National Congress has noted with concern the judgment delivered by the North Gauteng High Court yesterday, 4th May 2017, that President Zuma must furnish the court with records explaining the reason he made changes to the composition of the National Executive on the 30th March 2017.
This judgment signifies unfettered encroachment of the judiciary into the realm of the executive – pandering to the whims of the opposition who want to co-govern with the popularly elected government through the courts.
The Constitution confers upon the President powers to constitute his Cabinet without imposing an obligation upon him to consult opposition parties in the exercise of this discretionary function.
To read into the Constitution that the President must explain himself on the composition of the National Executive to the opposition is to use the judiciary to police political decisions and sets a very worrisome precedent.
The appointment of Ministers and Deputies as well as reshuffling of Cabinet is a discretionary and political decision of the President of the Republic derived from the Constitution, hence we urge the President to appeal this judgment.
Issued by the African National Congress
Zizi Kodwa 082 330 4910
Khusela Sangoni 072 854 5707
National Communications Manager