Just over two months into his appointment as president‚ Cyril Ramaphosa is facing his first Constitutional Court challenge – over his decision to appoint controversial spy boss Arthur Fraser as national commissioner of correctional services.

The Democratic Alliance on Wednesday filed an urgent Constitutional Court bid to set aside Fraser’s appointment‚ which was made by Ramaphosa after the Inspector General of Intelligence accused the then director-general of the State Security Agency of trying to block his corruption investigation against him.

“In light of the important role played by the national commissioner and the damning and serious allegations against Mr Fraser – including that he operated a secret and parallel intelligence service from his home whilst working at the National Intelligence Agency (subsequently known as the State Security Agency) and utilised millions of rands of public funds for personal gain – the President’s appointment of Mr Fraser as national commissioner in the Department of Correctional Services falls short of the constitutional obligations on the President‚” DA Federal Chair James Selfe stated states in an affidavit before the court.

The DA wants the Constitutional Court to find that Ramaphosa “failed to fulfil his constitutional obligations” to appoint “a National Commissioner who is sufficiently conscientious‚ has enough credibility to do this important job effectively and is of good character”.

Selfe says there are “at very least‚ prima facie indications of serious dishonesty concerning Mr Fraser”‚ and has pointed to the damning allegations made against Fraser in Jacques Pauw’s book ‘The President’s Keepers’.

He’s also pointed out that‚ as the national commissioner of correctional services‚ Fraser now has wide-ranging powers‚ which include the power “to detain persons in respect of whom there is a valid warrant‚ to make security classifications of inmates‚ to determine which inmates should be detained separately” and “releasing inmates for the purposes of further investigation” and referring inmates to the Parole Board to determine whether they should be released.

This is why‚ the DA argues‚ the national commissioner must be a fit and proper person.

“No reasons were provided by the President for the decision‚ and‚ despite the drastic nature of the decision and its consequences for rule of law and democracy given the well-founded suspicion widely held that Mr Fraser is not a suitable person to hold public office‚ the President has himself to date offered no public explanation for the decision‚” Selfe says.

The DA is seeking direct access to the Constitutional Court in this case‚ on the basis that the court has “exclusion jurisdiction” to decide the matter. It has framed its argument very much along the same lines as the successful Constitutional Court challenge to then President Jacob Zuma’s “irrational” decision to appoint Menzi Simelane as head of the National Prosecuting Authority – despite serious findings of dishonesty made against him.

The party says it is clearly in the public interest that Fraser be removed from his new position as soon as possible.