Issued by: Office of the President
The court papers relating to the reinstatement of the Deputy Minister of Arts, Culture, Science and Technology have suggested inefficiency and lack of professionalism in the President's Office. Now that the court application has been withdrawn and the matter is no longer sub judice, we wish to set the record straight.
The following issues were raised in the application:
1. The format of the letter sent to the Deputy Minister
The letter was on the highest quality embossed but plain white letter-heads of the President himself. The letter was signed by the President and indicated that it emanated from the President. This is the letter-head used by the President in his communication with Heads of State and Government, Queens, Kings, Ministers, Deputy Ministers and other dignitaries. It is deliberately misleading to suggest that the letter was communicated on plain white paper and to have affixed a photocopy of this embossed paper to the court application.
The seal of the President is not used in correspondence from the President. The seal is required, by the Constitution, to be used in "instruments" such as Presidential acts and minutes which record the President's decisions. These are retained in a register in the President's Office.
2. The content of the letter to the Deputy Minister:
The President had indicated, in conformity with legal and constitutional requirements, that his decision to appoint and terminate the services of Ministers and Deputy Ministers is a political decision and not an administrative act. As such, he is not obliged to make public his reasons for such a political decision.
3. Consultation with leaders of other parties:
As indicated in the statement issued by Deputy President Thabo Mbeki yesterday, the President was fully aware of the constitutional provisions regarding consultation with leaders of other parties in the Cabinet. "The President is aware of legal opinion that such consultation as took place was sufficient." However, the President wished "to spare the government and the nation of uncertainties which might follow protracted litigation on the issue".
I therefore wish to reassure the public that the staff in the President's Office is committed to providing the president with the best service and is in fact doing so. This should lay to rest any insinuations that there had been any impropriety in the manner in which the matter was dealt with.
13 April 1995
Issued by:
Director-General
Prof. Jakes Gerwel