The African National Congress (ANC) has came out against the North Gauteng High Court ruling ordering the President to make public the intelligent report he relied on to fire the Finance Minister Pravin Gordhan and his deputy Mcebisi Jonas.
“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. ” said ANC in a statement.
“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 party urged the President to appeal the court’s decision on basis that the decision was a political decion:
“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. ”