Mkhwanazi's allegations must be given unwavering attention
Premium 15 July 2025
Just more than a week ago, KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi dropped a bombshell when he alleged that police minister Senzo Mchunu, who has since been placed on leave by President Cyril Ramaphosa, was involved in criminality.
According to Mkhwanazi, Mchunu is doing the bidding of a criminal syndicate which has infiltrated democratic institutions of our country, including the judiciary and other agencies of the criminal justice system...
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
an hour ago
- IOL News
Appointment of the acting minister Cachalia: A matter of presidential authority and constitutional compliance
Anda Mbikwana is a PhD candidate and a municipal finance and leadership in governance expect, he writes in his personal capacity. President Cyril Ramaphosa's appointment of Professor Firoz Cachalia as Acting Minister of Police, following the placement of Senzo Mchunu on special leave, presents a significant constitutional law question that warrants careful examination. The central issue is whether the President's action complies with the constitutional framework governing ministerial appointments, particularly the distinction between regular ministerial appointments and the delegation of ministerial functions. Section 91(3)(c) of the Constitution provides the President with the authority to "select no more than two Ministers from outside the National Assembly." This provision establishes a clear numerical limitation and procedural requirement for appointing individuals who are not Members of Parliament to ministerial positions. Section 98 states: "The President may assign to a Minister any power or function of another Minister who is absent or otherwise unable to fulfil the functions of office." This section contemplates the temporary reallocation of ministerial responsibilities between existing Ministers. The constitutional analysis reveals a potential lacuna in the framework. Section 91(3)(c) makes no express provision for "Acting Ministers" - it only addresses substantive ministerial appointments. Section 98, conversely, only permits the assignment of functions to existing Ministers, not to individuals outside the cabinet structure. Professor Cachalia's appointment presents several constitutional challenges: Absence of Constitutional Authority: There is no explicit constitutional provision authorising the appointment of an "Acting Minister" who is not already a substantive Minister. Misapplication of Section 98: The section requires the assignment of functions to "a Minister" - a constitutional office that Cachalia does not hold. Circumvention of Section 91(3)(c): The appointment appears to bypass the formal requirements for appointing Ministers from outside the National Assembly. The constitutional concern is compounded by an institutional presumption of legality. The legal fraternity's assumption that presidential decisions are inherently constitutional represents a classic appeal to authority fallacy. Constitutional supremacy requires that all exercises of public power, including presidential appointments, conform to constitutional requirements regardless of the office holder's status. The appointment raises broader questions about the separation of powers and the rule of law. If the President can effectively create ministerial positions without following constitutional procedures, it undermines the constitutional framework designed to limit and structure executive power. For the appointment to achieve constitutional compliance, the following procedure should be followed: Formal Ministerial Appointment: Cachalia should be appointed as a Minister under Section 91(3)(c), either to an existing portfolio or to a specifically created ministry. Function Assignment: Once properly appointed as a Minister, the President could then assign him the functions and duties of the Police Ministry under Section 98. Allowing this appointment to stand without a proper constitutional foundation could create a problematic precedent, potentially enabling future presidents to circumvent constitutional limitations on ministerial appointments through the device of "Acting" positions. Most constitutional democracies with similar Westminster-derived systems maintain strict distinctions between substantive and acting appointments, typically requiring either explicit constitutional authorisation or limiting acting appointments to existing office holders. The Constitutional Court's emphasis on constitutional supremacy and the rule of law suggests that informal or assumed powers cannot substitute for explicit constitutional authority. The Court's approach in cases involving executive power has consistently emphasised adherence to constitutional procedures. Immediate Considerations Legal Challenge: The appointment presents grounds for constitutional challenge, particularly regarding the scope of presidential power and constitutional compliance. Parliamentary Oversight: Parliament should exercise its oversight function to examine the constitutional basis for the appointment. Academic Scrutiny: Legal scholars should engage with this issue to clarify the constitutional framework governing ministerial appointments. Long-term Implications Constitutional Amendment: Consider whether the Constitution requires amendment to provide clear authority for acting ministerial appointments. Judicial Clarity: The courts may need to guide the scope of presidential appointment powers and the requirements for temporary ministerial arrangements. Institutional Safeguards: Develop clearer protocols for ensuring constitutional compliance in executive appointments. Conclusion The Cachalia appointment highlights a significant gap between constitutional requirements and executive practice. While the President's intention to ensure continuity in police leadership during a period of crisis is understandable, constitutional compliance cannot be sacrificed for administrative convenience. The legal fraternity must engage with this issue to uphold constitutional supremacy and ensure that all exercises of public power conform to constitutional requirements. The case serves as a reminder that in a constitutional democracy, even well-intentioned executive actions must comply with constitutional procedures. The assumption that presidential decisions are inherently legal represents a dangerous departure from constitutional principles that could undermine the rule of law if left unchallenged. This matter requires urgent attention from the legal profession, Parliament, and potentially the courts to ensure that South Africa's constitutional framework is properly implemented and respected. Anda Mbikwana is a PhD candidate and a municipal finance and leadership in governance expert, he writes in his personal capacity.
The South African
2 hours ago
- The South African
Incoming acting police minister blasts 'corruption in ANC'
Professor Firoz Cachalia , the incoming acting Minister of Police, has strongly criticised corruption within the ANC, calling it 'an enormous source of shame.' In an interview with Newzroom Afrika, Kachalia said his political loyalties will not stop him from tackling wrongdoing. He pledged to act even if it involves members of his own party. 'My ANC conscience requires that I tackle these challenges with principles and a clear commitment to the country's democratic institutions,' he said. 'Corruption in the ANC is an enormous source of shame to me and to many of us.' Kachalia said he accepted President Cyril Ramaphosa's offer 'without a second's hesitation,' describing the role as an extension of his lifelong work in defending South Africa's democracy. The presidency announced the appointment will take effect from 1 August, after his academic term at the University of the Witwatersrand ends. The appointment has drawn political fire. The Economic Freedom Fighters and the MK Party claim the move violates Section 98 of the Constitution. They argue the president cannot assign ministerial functions to someone outside Cabinet. Kachalia defended the decision, noting that the president can appoint two ministers who are not Members of Parliament. 'These are political and ethical questions, not legal ones,' he said. 'The president had to act.' Asked about his approach to cleaning up the police ministry amid allegations of political interference and criminal infiltration. Kachalia said he would start by consulting senior police leadership and listening to their views. He also welcomed the formation of a judicial commission of inquiry, calling it a valuable fact-finding tool that will assist his office. 'The process that I need to follow is quite clear,' he said. 'I'm going to have the benefit of an objective, reliable process conducted by experienced judges.' Kachalia also chairs the National Anti-Corruption Advisory Council, which recently submitted a midterm and closeout report to the presidency. The reports highlight deep structural failures in SAPS crime intelligence and recommend urgent reforms, including the creation of a new anti-corruption agency. While the presidency has not yet made the report public or acted on its proposals, Kachalia said he now has an opportunity to bring those ideas into the Ministry of Police. He admitted the processing of the report 'has taken too long' and emphasised the urgency of implementing reforms. Kachalia will perform his duties in full for as long as the president retains him, despite the post being described as 'acting.' 'Once I'm sworn in, I'm the Minister of Police until the president says otherwise,' he said. 'And if he allows me to continue, I will.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
5 hours ago
- IOL News
News you should know tonight: Top 5 stories you may have missed on July 15, 2025
African National Congress (ANC) secretary-general Fikile Mbalula confirmed that Police Minister Senzo Mchunu failed to appear before the party's Integrity Commission, despite accusations made against him by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi. Good evening, IOL News family! It's Tuesday, July 15, 2025, and it's time for a wrap of the biggest headlines making waves in South Africa and beyond. Don't forget to join the IOL WhatsApp Channel to stay in tune, informed, and in the know. Mbalula breaks silence: Mchunu no-show at ANC integrity commission African National Congress (ANC) secretary-general Fikile Mbalula confirmed that Police Minister Senzo Mchunu failed to appear before the party's Integrity Commission, despite accusations made against him by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi. To read on, click here. DA claims President Ramaphosa misled the public on Mcebisi Jonas's US visa rejection The Democratic Alliance (DA) has alleged that President Cyril Ramaphosa's special envoy to the United States, Mcebisi Jonas, was rejected by Washington in May 2025. To read on, click here. 'Cyril Must Go': Durban crowd demands action, not inquiries, after Mkhwanazi allegations Hundreds of Durban's residents came out in support of KwaZulu-Natal police commissioner, Lieutenant General Nhlanhla Mkhwanazi on Tuesday morning for the Hands Off Mkhwanazi march. To read on, click here. Is Ramaphosa's appointment of an Acting Police Minister unconstitutional? President Cyril Ramaphosa's appointment of an acting police minister, alongside Police Minister Senzo Mchunu being placed on special leave, could be a case of executive overstepping, a constitutional law expert believes. To read on, click here. Barbara Creecy dissolves Road Accident Fund board over governance issues The Minister of Transport, Barbara Creecy, has taken decisive action by dissolving the board of directors of the Road Accident Fund (RAF), citing ongoing governance and operational challenges that have severely hindered the entity's ability to fulfil its legislative responsibilities. To read on, click here. Get your news on the go, click here to join the IOL News WhatsApp channel. IOL News
