Last month‚ the high court had ordered Zuma to hand over the record of decision in the review application brought by the DA.
The party had brought an urgent review application on April 4 to set aside some of the decisions taken by the president in his Cabinet reshuffle at the end of March.
These were the removal of former finance minister Pravin Gordhan and his deputy Mcebisi Jonas and their replacement with Malusi Gigaba and Sifiso Buthelezi respectively.
For the review to happen‚ the DA wanted the record of decision by the president.
Zuma first sought an indulgence from the DA on April 6 until April 28 for the “delivery of the records”.
But the DA launched the application on April 19 seeking the delivery of the record.
When Zuma failed to produce the record‚ the DA obtained an order on May 4 forcing the president to produce the record.
The president then applied for leave to appeal that decision.
The president’s counsel Ishmael Semenya SC argued decision in the high court in Johannesburg on Friday morning that executive decisions did not require the furnishing of the record of decision.
The DA had argued that there were no prospects of success.
Judge Bashir Vally granted leave to appeal to the Supreme Court of Appeal. He said costs of the case shall follow the results of the appeal.
Vally said it was a “notorious fact” that the public interest, in this case, had been widespread.
He also said there might be compelling reasons for the appeal court to hear the matter as counsel for the president had said the high court order that Zuma hand over the records had far-reaching implications beyond this case.
Ernest Mabuza – Tiso Black Star Group