PRESIDENT ZUMA FILES AN APPLICATION TO APPEAL THE DECISION OF THE COURT
President Jacob Zuma has today, 10 May 2017, filed an application for leave to appeal the decision of the North Gauteng High Court, handed down by Judge Bashier Vally, ordering the President to submit the record and reasons of the decision to reshuffle his Cabinet on 31 March 2017.
The grounds of appeal are the following:
1. The High Court erred in finding that Rule 53 must be read to include executive decisions, even though nothing in the language of Rule 53 suggests that it should be interpreted to include executive decisions. Such an approach violates the separation of powers;
2. Whereas the court held in paragraph 21 that rule 53 has not been amended to cater for the record in respect of executive decisions, the Court erred in holding that a purposive interpretation will, nevertheless bring executive decisions under rule 53;
3. In so far as rule 53 does not cover executive decisions, there are processes for the making and amending of the rules of Court. The High Court erred to mero moto amend rule 53 to include the review of executive decisions, alternatively, executive decisions of the nature of the impugned decision.