The African National Congress (ANC) on Friday said it has “noted with concern” the judgment delivered by the North Gauteng High Court, which compels President Jacob Zuma to hand over records of his decision to the Democratic Alliance (DA) within five days.
On Thursday Judge Bashir Vally, presiding in the matter heard in the North Gauteng High Court, ruled in favour of the DA’s urgent application to have Zuma’s reasons for reshuffling his Cabinet on March 30 disclosed.
Reacting to the ruling, ANC National Spokesperson Zizi Kodwa said: “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”.
Kodwa added 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”.
He said to read into the Constitution that the President must explain himself on the composition of the 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.”