ConCourt reserves Judgment in MK Party's case against Ramaphosa over Mchunu leave, Cachalia appointment
Image: Kamogelo Moichela/IOL Politics
Constitutional Court has reserved judgment in a case brought by MK Party against President Cyril Ramaphosa, following his decision to place Minister Senzo Mchunu on special leave and the controversial appointment of Professor Firoz Cachalia as acting Police Minister.
The case, heard in Johannesburg on Wednesday, centres on the legality and constitutionality of Ramaphosa's move to temporarily remove Mchunu after explosive allegations of political interference and unlawful conduct were made by KZN Police Commissioner Lt-Gen. Nhlanhla Mkhwanazi.
The matter further challenges the President's subsequent decision to appoint Cachalia as acting Minister of Police — despite Cachalia not being a Cabinet member.
Arguing on behalf of MKP, Advocate Dali Mpofu SC described Ramaphosa's actions as "unconstitutional and ultra vires."
He told the court that Ramaphosa overstepped his constitutional powers by placing Mchunu on 'leave of absence' and then delegating his ministerial duties to someone outside Cabinet.
According to Mpofu, these actions contravened Section 98 of the Constitution, which governs the appointment of acting ministers when a Cabinet member is absent or incapacitated.
'When the President said, 'I have decided to put Minister Senzo Mchunu on leave of absence with immediate effect,' and 'I have decided to appoint Professor Firoz Cachalia as acting Minister of Police,' these were definitive and final decisions,' Mpofu argued that these were not speculative intentions.
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Now the President wants to backpedal and reinterpret his own words — creating unnecessary confusion and undermining constitutional clarity, he said.
Pressed by Justice Owen Rogers on whether the President might hold implied authority to grant such leave, Mpofu firmly rejected that notion.
'The President does not have implied powers to place ministers on special leave. If the Constitution does not explicitly allow it, it is not permissible,' he said.
MKP insisted that the President erred by appointing Cachalia, who is not a Cabinet member, as acting Police Minister.
The post was temporarily held by Mineral Resources Minister Gwede Mantashe until Cachalia assumes duties on August 1.
'The appointment of Cachalia is plainly unlawful,' Mpofu said.
'Section 98 mandates that only a Cabinet member may be appointed to act in another's place. Ramaphosa's failure to comply is a breach of a constitutional obligation.'
Mchunu's legal team responded by criticising the MK Party's assertions as presumptive and lacking legal merit.
In their heads of argument, they said the MK Party had acted as if allegations against Mchunu — specifically that he lied to Parliament about his dealings with alleged criminal Brown Mogotsi — were proven facts.
They argued that MKP sought to compel the President to summarily dismiss Mchunu based solely on unproven claims.
The ConCourt reserved its judgment, indicating it would deliver a ruling at a later date.
kamogelo.moichela@iol.co.za
IOL Politics
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