President's power must be exercised rationally

17 October 2017

The South African President enjoys great discretion with respect to how he exercises his powers. This includes the appointment of Cabinet Ministers. This is not to suggest that there are no limits to his power. As court decision after court decision has emphasised, public powers can only be exercised within the narrow confines of rationality. Of course, as the courts have made clear, rationality does not mean that a decision is irrational just because there is a different way of doing things. Rationality means that there should be a logical connection between the reason for the decision and the outcome of the decision. Simply put, there must be a link between the means and the ends.

It is clear that the President is not driven by efficiency and good management principles with regard to Cabinet portfolios. His motives to reshuffle are not only questionable but also go against his constitutional mandate to uphold sound governance principles.

There is no rational basis for reshuffling Ministers such as Hlengiwe Mkhize and Ayanda Dlodlo barely three months into their appointments. At best, the Cabinet reshuffle can be viewed as the reshuffling of deck chairs on a sinking ship and at worst, smacks of a thinly-veiled attempt to get rid of political opponents who have called out the President’s excesses. It is important that there be stability within the Executive so that South Africa’s policies, especially the National Development Plan, are implemented effortlessly. This Cabinet reshuffle is one of several witnessed in 2017 alone, and, according to media reports, the 12th under this President. Worryingly, this is also the 7th Communications Minister in eight years. This does not bode well for South Africa’s long term political stability. It is vital that the nation’s best interests are placed ahead of narrow party-political interests. 

By Ms Phephelaphi Dube: Director, Centre for Constitutional Rights, 17 October 2017