Ramaphosa needs to clarify whether he will use millions in public funds to defend his appointment of Gigaba and Dlamini

7 November 2018

Yesterday, the DA’s legal team received a formal notice from the Office of the State Attorney, indicating that the respondents to our pending court action challenging the appointments of Ministers Malusi Gigaba and Bathabile Dlamini will oppose the legal action.

The five respondents in this case include: The President of the Republic of South Africa; The Minister of Home Affairs; Mr Knowledge Malusi Nkanyeza Gigaba; The Minister of Women in the Presidency; and Ms Bathabile Olive Dlamini.

It appears that the Presidency has since denied claims that this is the case, going on record to state that this Notice of Intention to Oppose was done “without instruction”. Furthermore, it was stated that the President will be applying his mind to the matter. The people of South Africa rightly deserve to know whether millions of rands of their money will be used by the President to defend his appointment of Gigaba and Dlamini to Cabinet in February of this year. In addition, we must ascertain whether public money will be used to pay for both Gigaba and Dlamini’s legal costs.

I will therefore today write to President Ramaphosa, requesting absolute clarity on this matter, and ask him to take the public into his confidence in an open and transparent manner. The President needs to tell South Africa:

- Whether the respondents in fact intend to oppose this action;

- The reasons for such Notice of Intention to Oppose; and

- Who will pay for the legal costs of the President, Malusi Gigaba, and Bathabile Dlamini.

The South African public cannot be expected to settle the legal tab racked up by the President and his unsuitable ministers Gigaba and Dlamini in this matter.

We maintain the view that the appointment of these two ministers by President Ramaphosa was unlawful, unconstitutional and invalid, and we are seeking an order by the court to this effect. Mr Ramaphosa can avoid this litigation by putting the interests of South Africa ahead of building unity within the ANC – and firing Gigaba and Dlamini with immediate effect.

Issued by Mmusi Maimane, Leader of the Democratic Alliance, 7 November 2018