Notwithstanding that President Jacob Zuma has accepted that the exercise of executive power must meet the test of rationality, he has chosen to stymie the court process to verify the rationality of his decision-making. This is his default position. By nature, the president is a "bittereinder". And the longer he delays the review of his reshuffle decision, the less likely it is that any court will set aside those decisions. The lapse of time makes it so much more difficult to unscramble the omelette. Zuma also suggests that some executive decisions should be ring-fenced: that there is an unidentified cluster of executive decisions which lie outside the realm of judicial review. The essence of his application for leave to appeal against the ruling that he give reasons for his reshuffle of his Cabinet is that he made a decision, that factors which informed that decision are of no moment, and that he need not provide reasons. This approach harkens back to PW Botha’s imperial presidency....
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