Vally said for the last five decades, courts had been able to perform their judicial functions because of rule 53. He explained, in the South Gauteng High Court in Johannesburg, the reasons for his ruling last Thursday in the North Gauteng High Court in Pretoria that Zuma should hand over all records he used to justify reshuffling his Cabinet. Literal interpretationZuma had relied on this to contend that the provisions of rule 53 did not apply to an application to review his executive decision to reshuffle his Cabinet. "Relying on the purposive interpretation, there is no logical reason not to utilise it in an application to review and set aside an executive decision." He said it was an executive decision that deserved protection from disclosure.

Source: The North Africa Journal May 09, 2017 12:22 UTC