MK Party heading to ConCourt to challenge appointment of interim police minister
The party said that there was no provision in the Constitution for a minister to be placed on special leave, neither for two ministers to be appointed to the same portfolio at the same time.
Making the announcement, the MK Party's parliamentary leader, John Hlophe, said that he'd been given the green light to challenge President Cyril Ramaphosa's Sunday announcement to suspend Police Minister Senzo Mchunu and use his constitutional prerogative to appoint a parliamentary outsider to lead the department in the interim.
The party also does not support the establishment of a commission of inquiry to investigate claims of corruption, infiltration and capture of the South African Police Service (SAPS).
The MK Party wants Ramaphosa to fire Mchunu, saying there was enough evidence to show he'd misled Parliament and the country on several occasions.
Hlophe said that the party had approached Parliament's ethics committee to investigate Mchunu.
"We are dealing with a minister who has serious allegations, with a history of lying. I've openly called him a pathological liar. When it comes to lying, he excels."
Hlophe said that court papers were already being drafted to approach the country's top court to challenge the appointment of a Firoz Cachalia to head the police ministry while Mchunu was on leave.
"The issues are of a serious nature. There is so much at stake. Time is not on our side. We can't go to the high court and waste time."
The MK Party said that a commission of inquiry into the police was a waste of time and taxpayers' money, saying that the police commissioner should act on the allegations made against senior officials who were reportedly stalling investigations.
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IOL News
an hour ago
- IOL News
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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. 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The South African
2 hours ago
- The South African
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The Citizen
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