President’s spokesperson and Helen Zille disagree on Ramaphosa’s constitutional authority

The establishment of the Government of National Unity (GNU) is set to go down to the final punctuation mark.

Wrangling over clauses, cabinet positions and constitutionality has left the work of the seventh parliament glued to the starting blocks.

President Cyril Ramaphosa’s spokesperson Vincent Magwenya has added further clutter to an already crowded space.

President has the prerogative

Posting on X on Monday, Magwenya suggested the President had no obligation to include any GNU signatories in his cabinet.

“There’s no constitutional provision that prescribes for a proportional allocation of cabinet positions. Section 91(2) of the Constitution gives the President the prerogative to appoint cabinet members. However, he is considering the inclusion of GNU partners in cabinet,” Magwenya posted.

Helen Zille counters the claim

Lead negotiator for the Democratic Alliance (DA), Federal Executive Chairperson Helen Zille responded.

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Pointing out the Statement of Intent signed by the DA and African National Congress (ANC), Zille said: “ There is nothing in the constitution that prevents an agreement stipulating how a constitutional prerogative will be exercised.”

Responding to another comment on Section 91 of the Constitution, Zille posted, “It defines how that prerogative will exercised. Entirely constitutional to do that. If he did not win an election, he has to consult those that contribute to a majority. Especially when an agreement is in place. Nor rocket science (sic).”

Section 91 of the Constitution of South Africa

Section 91 of South Africa’s Constitution deals with the Cabinet and the requirements expected of the President.  

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As follows: 91. (1) The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.

(2) The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.

(3) The President— a) must select the Deputy President from among the members of the National Assembly; (b) may select any number of Ministers from among the members of the Assembly; and (c) may select no more than two Ministers from outside the Assembly.

(4) The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly.

(5) The Deputy President must assist the President in the execution of the functions of government.