South African Constitutional Court
President of the Republic of South Africa v Democratic Alliance and Others CCT 159/18
The Constitutional Court is required to rule on whether the provisions of Rule 53 of the High Court rules apply to executive actions taken by the President. The case arose when former President Jacob Zuma fired and replaced the Minister of Finance in 2017, a decision which was taken on review by the Democratic Alliance. The High Court (Pretoria) found that, on a literal interpretation, rule 53 did not apply to Presidential decisions, but the Court adopted a purposive approach in ruling that it does, essentially expanding the scope of rule 53 to Presidential actions.
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