JAFTA J [179] In Matatiele Municipality,193 this Court formulated the principle in these words: “It is trite that the power to do that which is expressly authorised includes the power to do that which is necessary to give effect to the power expressly given. The power of Parliament to redraw provincial boundaries therefore includes the power that is reasonably necessary for the exercise of its power to alter provincial boundaries.”194 [180] What is clear from these authorities is that for a power to be implied, there must be an express power in which it is implied. This means there can be no implied power without an express power. The explicit power must of necessity include the implied power. And power is implied if it is necessary to give effect to the exercise of the explicit power. Matatiele Municipality qualified the statement approved by GNH Office Automation by leaving out “ancillary or incidental” to the express power. Necessity appears to be the only standard for determining whether power is implied.195 [181] Consistent with this principle, this Court in Masetlha196 held: “The power to dismiss is necessary in order to exercise the power to appoint. . . . Without the competence to dismiss, the President would not be able to remove the head of the Agency without his or her consent before the end of the term of office, whatever the circumstances might be. That would indeed lead to an absurdity and severely undermine the constitutional pursuit of the security of this country and its people. That is why the power to dismiss is an essential corollary of the power to appoint and the power to dismiss must be read into s 209(2) of the Constitution.”197 [182] In Masetlha, section 209(2) of the Constitution conferred upon the President the power to appoint the head of the Intelligence Agency without expressly authorising the 193 Matatiele Municipality above n 86. 194 Id at para 50. 195 Lekhari v Johannesburg City Council 1956 (1) SA 552 (A) at 567B. 196 Masetlha above n 97. 197 Id at para 68. 89

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