The Democratic Alliance (DA) has asked the High Court to declare irrational the retention by President Cyril Ramaphosa of Ministers Malusi Gigaba and Bathabile Dlamini in cabinet.
Party leader Mmusi Maimane says the two ministers are already facing legal challenges and should be removed from cabinet. He says the party has filed its papers and the case will be heard on the 11th of March 2019.
In September the Constitutional Court ruled that the Dlamini withheld information from it on the appointment of social grants.
In 2017 the High Court found that Gigaba had lied to the court under oath and noted that this constituted a breach of his obligations.
“So when President Ramaphosa appointed these two he did so not only on the basis of his prerogative but it needed to be rational.”
“So we believe without that in fact appointment of these two ministers is fundamentally irrational and if it is irrational we are seeking an order from the courts declaring that the President’s decision to retain both Dlamini and Gigaba in his cabinet is to be unlawful, unconstitutional and invalid.”