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Ref re Presidential Dismissal of the Vice President 2025 SDSC 14

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Reference re Presidential Dismissal of the Vice President [2025] SDSC 14

Date of judgment 22nd June 2025
Justices

Chief Justice TheLittleSparty
Justice Ivy Cactus
Justice Syndicality

Held
  • The President can not dismiss the Vice President
Ruling 3-0
Applicable precedent

MAJORITY OPINION Per Curiam

(by a unanimous court)

Introduction

[1] The petitioner is seeking review into whether the President holds the power to unilaterally dismiss the Vice President because they are not elected officials, as decided in Reference re Status of the Vice President [2025] SDSC 12, and the power of dismissal is inherent to executive authority, as decided in In re Article 4 s5 of the Executive Act 2023 [2025] SDSC 9 [35.1].

[2] The court views this case as worthy of answering, but also blatantly obvious, and is handling it as a summary per curiam opinion, seen in In re Article 1, s5 of the Speedy Courts Act 2024 [2025] SDSC 11 and expanded on in ppatpat and brandmal, ex parte thesigmasquad (Appellant) v State of SimDemocracy (Respondent) [2025] SDSC 13 [24].

Considerations

[3] The Court, as outlined in [1], did indeed decide that “the unilateral power of removal must rest in the President’s hand to maintain their primary executive authority.” Which would lead, on a cursory glance, to the President being able to dismiss the Vice-President.

[4] However, In re Article 4 s5 of the Executive Act 2023 [2025] SDSC 9 [32] makes it clear that constitutional provisions limiting the power of the executive are exceptions to the general hierarchy of the executive. This includes positions that have their dismissal limited in the Constitution.

[5] The Constitution in Part 2, Article 6, Section 2 states, “[t]he President shall choose a Vice President to serve for the former’s term prior to the election.” This section makes clear that once selected, the Vice President shall serve for the President’s term, more specifically, the President’s entire term. Elsewhere in the Constitution, exceptions to this, such as impeachment or resignation, are outlined, but the President is not given specific authority to do so. Barring such a provision, the statute about the Vice President serving for the President’s term prevails over powers derived from general executive authority.

Verdict

[6] The President does not retain the power to dismiss the Vice President.

Citations

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