Ramaphosa opposes DA’s legal bid against Gigaba and Dlamini’s appointments
‘This is a matter of principle as the hiring and firing of ministers is a constitutional imperative granted solely to the president,’ spokesperson Khusela Diko says
22 November 2018 - 18:25
byGenevieve Quintal
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President Cyril Ramaphosa is opposing the DA’s application to have the reappointment of Malusi Gigaba and Bathabile Dlamini as cabinet ministers declared irrational, unconstitutional and unlawful.
Gigaba has since resigned from both the government and parliament.
Ramaphosa filed the notice to oppose on Wednesday and now has 15 days to file his answering affidavit.
The DA wants the high court in Pretoria to set aside the reappointment of Gigaba and Dlamini.
“For the presidency this is a matter of principle as the hiring and firing of ministers is a constitutional imperative granted solely to the president,” Ramaphosa's spokesperson, Khusela Diko, said.
“The DA's application is essence is an attempt to co-govern with the duly elected head of the executive.”
She said the composition of the Cabinet was not a matter for the courts and that the country's laws provided sufficient avenues for relief in cases such as this, for example, the provision for a motion of no confidence in the cabinet.
She said the presidency would unpack this and related matters in the answering affidavit.
During his first reshuffle of the cabinet in February, Ramaphosa retained the two controversial ministers, shocking many. He moved Gigaba from the finance portfolio back to the department of home affairs and removed Dlamini from the department of social development to the presidency, responsible for women.
Both ministers had adverse findings against them in the courts.
Gigaba had been found by the courts to have lied under oath in the matter of the decision to grant the Oppenheimers permission for Fireblade Aviation to operate a private terminal at OR Tambo International Airport. He also facilitated the granting of citizenship to members of the Gupta family.
Public protector Busisiwe Mkhwebane has called on Ramaphosa to take disciplinary action against Gigaba for his telling lies under oath, in breach of the constitution and the code of ethics for the executive.
The Constitutional Court found Dlamini to have been personally responsible for the crisis over the payment of social grants and the delay in replacing Cash Paymaster Services as the distributor of social grants.
The Constitutional Court has directed that the national director of public prosecutions make a call on whether Dlamini should be prosecuted and charged for perjury for lying under oath.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Ramaphosa opposes DA’s legal bid against Gigaba and Dlamini’s appointments
‘This is a matter of principle as the hiring and firing of ministers is a constitutional imperative granted solely to the president,’ spokesperson Khusela Diko says
President Cyril Ramaphosa is opposing the DA’s application to have the reappointment of Malusi Gigaba and Bathabile Dlamini as cabinet ministers declared irrational, unconstitutional and unlawful.
Gigaba has since resigned from both the government and parliament.
Ramaphosa filed the notice to oppose on Wednesday and now has 15 days to file his answering affidavit.
The DA wants the high court in Pretoria to set aside the reappointment of Gigaba and Dlamini.
“For the presidency this is a matter of principle as the hiring and firing of ministers is a constitutional imperative granted solely to the president,” Ramaphosa's spokesperson, Khusela Diko, said.
“The DA's application is essence is an attempt to co-govern with the duly elected head of the executive.”
She said the composition of the Cabinet was not a matter for the courts and that the country's laws provided sufficient avenues for relief in cases such as this, for example, the provision for a motion of no confidence in the cabinet.
She said the presidency would unpack this and related matters in the answering affidavit.
During his first reshuffle of the cabinet in February, Ramaphosa retained the two controversial ministers, shocking many. He moved Gigaba from the finance portfolio back to the department of home affairs and removed Dlamini from the department of social development to the presidency, responsible for women.
Both ministers had adverse findings against them in the courts.
Gigaba had been found by the courts to have lied under oath in the matter of the decision to grant the Oppenheimers permission for Fireblade Aviation to operate a private terminal at OR Tambo International Airport. He also facilitated the granting of citizenship to members of the Gupta family.
Public protector Busisiwe Mkhwebane has called on Ramaphosa to take disciplinary action against Gigaba for his telling lies under oath, in breach of the constitution and the code of ethics for the executive.
The Constitutional Court found Dlamini to have been personally responsible for the crisis over the payment of social grants and the delay in replacing Cash Paymaster Services as the distributor of social grants.
The Constitutional Court has directed that the national director of public prosecutions make a call on whether Dlamini should be prosecuted and charged for perjury for lying under oath.
quintalg@businesslive.co.za
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