- Title
- Presidential accountability for cabinet appointments in South Africa
- Creator
- Phorego, Molefhi Solomon
- Subject
- Gqeberha (South Africa)
- Subject
- Eastern Cape (South Africa)
- Subject
- Executive power--South Africa
- Date Issued
- 2021-04
- Date
- 2021-04
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/51212
- Identifier
- vital:43228
- Description
- The President’s power to appoint cabinet members in South Africa constitutes an essential part of the country’s constitutional framework. It is a discretionary power exercised by the President in his capacity as Head of State bestowed on him by the Constitution, which underpins cabinet appointments.The underlying debates in relation to the President’s power to make cabinet appointments lie between justiciability and non-justiciability. In this respect, there are two schools of thought regarding the question whether the exercise of such a power may be the subject of a judicial inquiry, and if so, to what extent. This thesis provides insight into the nature and origin of the President’s power to appoint cabinet members. It also delves deeply into issues raised by the doctrine of separation of powers surrounding the exercise of this power. The core focus of the thesis is on the extent to which the President can be held accountable for making cabinet appointments. The main argument advanced is that because South Africa is a country founded on the principles of constitutional supremacy and the rule of law, every exercise of public power should be subject to the Constitution, including the President’s power to appoint cabinet members. The determination of whether public power is in line with the dictates of the Constitution calls for an independent judiciary, with the power to rule on any aspect of societal disputes. In pursuit of the above, the thesis analyses the constitutional provisions and case law relevant to the President’s powers as Head of State. The research highlights, amongst others, the President’s duty to give reasons for cabinet appointments. On this point it is submitted that the President does have the constitutional obligation to give reasons for cabinet appointments. Comparisons with other jurisdictions on cabinet appointment processes and oversight mechanisms regarding the exercise of that power form the backdrop against which recommendations are made in the thesis. Proposals are advanced for increased legislative oversight in cabinet appointments. Such oversight should focus on inter alia, the President’s duty to furnish reasons for cabinet appointments. The thesis also proposes a constitutional framework in terms of which Parliament plays a role in the selection of appointees to cabinet. The rationale behind this recommendation is the minimising of instances in which the judiciary is accused of overreaching on the powers of the political organs of government. The courts should, however, still retain the power to pronounce whether both the President and Parliament have fulfilled their relevant constitutional obligations in relation to the process of cabinet appointments.
- Description
- Thesis (PhD) -- Faculty of Law, Public Law, 2021
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (332 leaves)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Phorego, M.pdf | 3 MB | Adobe Acrobat PDF | View Details Download |