Beyond the law – Ethics matter
9 October 2018
President Cyril Ramaphosa has, to put it mildly, monumental tasks ahead of him. Not least, crafting a tangible and coherent message about economic recovery to assuage jittery investors and skeptical voters ahead of the 2019 national elections, but also appointing the best people for public office.
Among the revelations before the State Capture Commission of Inquiry is that current Minister of Finance, Nhlanhla Nene, met the Gupta family at their family residence on at least 11 occasions between 2009 and 2014, when he was Deputy Minister of Finance. This is a significant admission because the terms of reference of the Commission include probing “whether and to what extent and by whom attempts were made to influence executive office bearers, organs of state, and directors of State-Owned Entities”. The precise details of the meetings are as yet unknown. Also unknown at this stage is the causal link, if any, between the contents of the meetings and any subsequent policy decisions taken by Minister Nene. Media reports state that Minister Nene has, while not tendering a resignation, asked the President to relieve him of his duties.
According to the Constitution, the President appoints Members of Cabinet, assigns their powers and functions and may dismiss them. In turn, the Members of Cabinet are collectively and individually accountable to Parliament for the exercise of their powers and the performance of their functions. As such, there is arguably a low bar as to the qualities qualifying one to be a Cabinet Member. The appointment, as with the dismissal of Cabinet Members, is a political decision, with interference from the courts in such decision-making being permitted in certain narrowly-prescribed circumstances. On the whole, the President enjoys a wide discretion in making such appointments, although it is wise to assume that the President consults other members of the National Executive Council of the governing party.
The Constitution itself provides no such legal obligation on the President.