A notice of intent to oppose the Democratic Alliance's (DA's) application to force President Cyril Ramaphosa to remove embattled ministers Bathabile Dlamini and Malusi Gigaba has been withdrawn.

This is according to attorney Elzanne Jonker, who is acting on behalf of the DA in the matter.

The drafted notice, which had not yet been filed with the North Gauteng High Court was sent to Jonker by an official from the state attorney's office, without any instruction from the president.

"They are going to withdraw it, they have until Tuesday to file opposition," Jonker told News24 via WhatsApp.

The DA approached the courts seeking an order to declare the appointments of both ministers "unlawful, unconstitutional and invalid".

Dlamini and Gigaba, to the dismay of many in the country, made it into Ramaphosa's Cabinet when he took over the reins after the African National Congress's (ANC's) national executive committee made a decision to recall former president Jacob Zuma in February.

November 13 deadline

Gigaba is currently facing numerous scandals, with growing calls for the president to give him the boot. This on the back of Public Protector Busisiwe Mkhwebane's report which found he violated the executive ethics code, the Constitution and Parliament's code of conduct when he lied under oath.

Just last week the Constitutional Court dismissed his application for leave to appeal over a ruling by the High Court that he lied under oath during a hearing into the Fireblade matter.

The highest court in the land has also made damning findings against Dlamini. In September it ordered that she was personally liable for 20% of her legal costs for the social grants saga.

It said the National Prosecuting Authority must determine whether the former social development minister should face a charge of perjury for lying under oath, for her role in the South African Social Security Agency debacle.

"We have until 13 November to file. The president is still applying his mind to the approach he would like to take," said Ramaphosa's spokesperson Khusela Sangoni.

"The presidency has not yet given any instruction to oppose," she added.

The matter has been set down for March 2019.