MADLANGA J the substantive provisions95 of RICA expressly empowers the Minister to designate a Judge. Is this power of designation implied in RICA? [63] This case presents us with an opportunity to deal not with the common and oft-dealt-with necessary or ancillary implied power (which I will simply call the ancillary implied power), but with what I would call a primary implied power. 96 A distinction must be drawn between an implied primary power and an ancillary implied power. I consider it necessary to draw this distinction because quite often discussions of implied powers entail ancillary implied powers, and not primary implied powers. The distinction will be better understood if I first discuss the well-known concept, the ancillary implied power. An ancillary implied power arises where a primary power – whether express or implied – conferred by an Act cannot be exercised if the ancillary implied power does not also exist. For example, in Masetlha Moseneke DCJ, considering the President’s power to dismiss a head of an intelligence agency under section 209(2) of the Constitution, 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. . .”97 [64] There, the power to dismiss was found to be an essential corollary of the power to appoint, and this Court thus interpreted the power in section 209(2) of the Constitution to appoint the head of the NIA to include a power to dismiss. The power to dismiss was an ancillary implied power, ancillary because it flowed from the power to appoint. In Matatiele Municipality Ngcobo J wrote: 95 I use the term “substantive provisions” in contradistinction to the definitional provisions. 96 Shortly I will explain what I mean by the concepts primary power and implied primary power. 97 Masetlha v President of the Republic of South Africa [2007] ZACC 20; 2008 (1) SA 566 (CC); 2008 (1) BCLR 1 (CC) at para 68. 39