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MK Party challenge against Ramaphosa appointment of acting police minister looms

MK Party challenge against Ramaphosa appointment of acting police minister looms

Eyewitness News5 days ago
JOHANNESBURG - The president has until Monday to file answering papers in the uMkhonto weSizwe (MK) Party's challenge over appointing an acting police minister.
The party is approaching the Constitutional Court urgently to have President Cyril Ramaphosa's decision overturned.
Earlier in July, Ramaphosa placed Minister of Police Senzo Mchunu on special leave following allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.
Mkhwanazi claimed Mchunu was linked to some key figures in an alleged criminal syndicate in Gauteng.
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A presidential showdown is looming in the Constitutional Court, where the MK Party and leader Jacob Zuma's case against Ramaphosa will be heard.
The MK Party seeks to invalidate Ramaphosa's decision to place Mchunu on special leave.
The party wants this matter to be heard urgently as the appointment of Acting Police Minister Firoz Cachalia comes into effect on Friday.
Ramaphosa has until 2 pm to file his answering papers before Wednesday's court battle.
The MK Party wants the decision to suspend Mchunu and appoint Cachalia, as well as the establishment of a judicial commission of inquiry into Mkhwanazi's allegations, all declared irrational and inconsistent with the Constitution.
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ConCourt declares appointment of 5 CGE commissioners invalid due to limited public participation
ConCourt declares appointment of 5 CGE commissioners invalid due to limited public participation

The Citizen

time11 hours ago

  • The Citizen

ConCourt declares appointment of 5 CGE commissioners invalid due to limited public participation

The CGE acknowledged the ruling in a brief statement on Friday. The Constitutional Court (ConCourt) has ruled that the appointments of five commissioners to the Commission for Gender Equality (CGE) are invalid, citing Parliament's failure to ensure adequate public participation in the selection process. The ruling follows a legal challenge brought by the non-profit organisation Corruption Watch. The respondents in the matter included the speaker of the National Assembly, the president, the Information Regulator, and the five CGE commissioners. ALSO READ: Reserve Bank unlawfully interfered in Absa chair appointment, says court Media Monitoring Africa was admitted as amicus curiae (friend of the court). Corruption Watch contested the appointments of CGE commissioners chairperson Nthabiseng Sepanya-Mogale, deputy chairperson Prabashni Subrayan Naidoo, Thando Gumede, Bongani Ngomane, and Leonashia Leigh-Ann Van Der Merwe, all of whom took office in March 2023. These appointments, for terms of up to five years, were made by the president upon recommendation by Parliament. CGE commissioners' appointment process challenged The nomination process was led by Parliament's Portfolio Committee on Women, Youth and Persons with Disabilities. It began in June 2022 and closed nearly a month later. A shortlist of four candidates was compiled in late August, while public comment was invited between 2 and 16 September. Submissions were to be made via an online form linked through Parliament's website. The link led to a spreadsheet listing candidates' names and qualifications, but their full CVs were not published. READ MORE: Initiation schools: Commission wants answers on why recommendations haven't been carried out Despite Corruption Watch requesting an extension of the public comment period to 30 days, the removal of the character limit on submissions, and the release of CVs, the National Assembly proceeded with its recommendations to the president following candidate interviews. The appointments were announced on 25 February 2023, and the commissioners assumed office on 1 March. Corruption Watch then brought its application before the ConCourt under section 167(4)(e) of the Constitution, which grants the court exclusive jurisdiction to determine whether the National Assembly has failed to fulfil a constitutional obligation. The organisation argued that Parliament's process was flawed due to the limited public access to information about candidates, a 2 000-character restriction on submissions, and the short 14-day window for public comment. (4/4) CCT 333/23 Corruption Watch (RF) NPC v Speaker of the National Assembly and Others August 1, 2025 The speaker defended the process, stating it was reasonable and consistent with past procedures. It was argued that the 14-day period was sufficient, that public comments were properly considered, and that CVs could not be published without candidates' consent in accordance with the Protection of Personal Information Act (Popia). However, the Information Regulator clarified in an affidavit that such consent is not required when the information is needed for the performance of public duties. ConCourt judgment In a unanimous ruling delivered on Friday, the ConCourt sided with Corruption Watch and found that the public participation process was insufficient. 'In the circumstances, the appointment process conducted by the National Assembly therefore did not comply with the obligations imposed by section 59(1)(a) of the Constitution and is therefore invalid,' the summary of the 1 August judgement reads. The declaration of invalidity has been suspended for 12 months from the date of the order, giving Parliament time to conduct a constitutionally compliant appointment process and allowing the president to make appointments. Reactions The CGE acknowledged the ruling in a brief statement on Friday. 'The commission remains committed to its legislative mandate and will continue to discharge its responsibilities while Parliament undertakes its processes. 'The commission will not make further public pronouncements or respond to media enquiries on this matter,' the statement reads. In addition, Corruption Watch welcomed the outcome. 'South African citizens have a right to participate fully in these processes, particularly where such institutions are at the forefront of ensuring justice and enforcement of human rights in the country. 'The opportunity for people to have their say in the appointment of representatives to Chapter 9 institutions like the CGE, is an important example of that process,' the organisation said in a statement. The CGE operates under section 187 of the Constitution, with a mandate to promote and protect gender equality. In March last year, six other commissioners – Seeham Samaai, Mulalo Grace Nemathaheni, Mfundo Nomvungu, Yanga Malotana, Kamohelo Rodney Teele, and Marion Lynn Stevens – were recommended by Parliament and subsequently approved by the president. NOW READ: MK party and Zuma suffer blow as ConCourt rules in Ramaphosa's favour

ConCourt sets aside five appoinments to the gender commission
ConCourt sets aside five appoinments to the gender commission

Eyewitness News

time11 hours ago

  • Eyewitness News

ConCourt sets aside five appoinments to the gender commission

CAPE TOWN - Parliament's public participation process has been found wanting by the Constitutional Court, which has set aside five appointments to the Commission of Gender Equality on Friday, including its chairperson and her deputy. Although the appointments were made more than two years ago and their suitability for the posts was not in dispute on Friday, the court said it could not allow the appointments to stand, given the flawed process followed. Parliament has now been given a year to restart the process. In 2022, Corruption Watch challenged the process by the Portfolio Committee on Women, Youth and Persons with Disabilities for inviting public comment on the shortlisted candidates to serve as commissioners on the Commission for Gender Equality. The watchdog complained that 14 days was not enough time to make submissions, which were limited by length and could only be submitted online. The committee also refused to publish detailed information from candidates' CVs, such as their work experience, citing the Protection of Personal Information Act. However, the Constitutional Court said this interpretation of the act was incorrect and rendered the committee's conduct unreasonable. It added that had parliament published the candidates' CVs, the committee would have provided the type of information upon which meaningful and effective public participation could be based. 'Furthermore, even though the commissioners may have met the criteria for appointment, they were not necessarily the only candidates who did so or the most suitable candidates for selection. It follows that the appointment process is unconstitutional and that the appointments of the commissioners are invalid,' reads the unanimous judgment. The court said that although parliament's failures were procedural, with no suggestion that the commissioners did not meet the criteria for appointment, the public interest in a lawful appointment process outweighs the personal interests of the commissioners. The Commissioners could thus have their terms cut short within the next 12 months once a new process has been carried out. The five commissioners affected by this ruling include the chairperson, Advocate Nthabiseng Sepanya-Mogale, deputy chairperson Prabashni Naidoo, Thando Gumede, Bongani Ngomane, and Leonashia van der Merwe. They were appointed by the president on the recommendation of Parliament, for a five-year term from 1 March 2023.

Ramaphosa announces urgent measures to shield South African firms from Trump's tariff fallout
Ramaphosa announces urgent measures to shield South African firms from Trump's tariff fallout

Daily Maverick

time13 hours ago

  • Daily Maverick

Ramaphosa announces urgent measures to shield South African firms from Trump's tariff fallout

This comes after the Department of Trade, Industry and Competition launched an export support desk on Thursday night as one of its 'urgent interventions' to support South African exporters affected by the tariffs. South Africa is preparing a package to support companies that are vulnerable to the US tariffs, after it failed to secure a trade deal with Washington before a deadline set by US President Donald Trump. 'All channels of communication remain open to engage with the US, and our negotiators are ready pending invitation from the US,' President Cyril Ramaphosa said in a statement on Friday morning. 'In the meantime, government is finalising a package to support companies that are vulnerable to the reciprocal tariffs. The package consists of a number of measures to assist companies, producers and workers affected by the tariffs on SA exports to the US. The details of the measures will be announced in due course,' said Ramaphosa. This comes after the Department of Trade, Industry and Competition launched an export support desk on Thursday night as one of its 'urgent interventions' to support South African exporters affected by the tariffs. On Thursday, Trump signed an executive order placing new tariff rates on dozens of countries, hours before the 1 August 2025 deadline he had set for deals to be made. Some countries received modified tariff rates, while South Africa's remained at the 30% previously proposed by the US. (Source: The Outlier) According to the executive order, the higher import duty rates will take effect seven days from the date of the order. 'All applicable exceptions published in the previous US executive order are set to remain in force, and these exceptions covered products such as copper, pharmaceuticals, semiconductors, lumber articles, certain critical minerals, stainless steel scrap and energy products,' said Ramaphosa. South African officials have been working frantically for months to secure a trade deal with the US to avert Trump's punishing tariffs. South Africa proffered a proposed framework deal to US trade representatives in Washington in May, before Ramaphosa and Trump met at the White House. Representatives were later told they needed to revise this proposal, in accordance with the Trump administration's new template for US trade with sub-Saharan Africa, which they were told would be shared ' soon '. Earlier this week, it appeared the country was still waiting for this template. In his statement, Ramaphosa said the department was in 'constant contact' with the US on its framework deal. He said trade relations between SA and the US were 'complementary in nature' and that South African exports 'do not pose a threat' to US industry. 'South Africa will continue to pursue all diplomatic efforts to safeguard its national interests. It is important that as a country we keep our people at work and our companies producing some of the high-quality products destined for many parts of the world. 'To this end, government will intensify its diversification strategy to create resilience of our economy, and is working with export councils and industry associations, as well as top exporters to the US with a view to assist with alternative markets,' he said. Call to renew 'intensive negotiations' Dr Boitshoko Ntshabele, the CEO of the Citrus Growers Association, told Daily Maverick the 30% tariff 'will be felt most acutely in rural communities in the Northern and Western Cape, the two provinces from which we export to the US'. Ntshabele said it was still possible to reach a trade deal with the US before 7 August, and called on Ramaphosa to renew 'intensive negotiations'. 'The category of seasonal fresh produce offers clear mutual benefits to both countries. South African citrus is exported to the US during the northern hemisphere's summer months. This secures continued supply in the category and in no way threatens domestic US growers. 'It is notable that Brazilian orange juice has been exempted from US tariffs. Fresh South African citrus plays a significant role in keeping America healthy, keeping citrus consumers in the category, and in avoiding possible citrus price increases. 'We have passed the middle of the southern hemisphere's citrus season, and local citrus growers have managed to accelerate a limited number of shipments to the US in the past weeks, which has mitigated some of the effects of the tariff on the current season's US exports. But should a beneficial trade deal not be concluded, our next export season will feel the full effect of the tariff.' Ntshabele welcomed the department's emergency measures, but said that without a deal, 'Our growers in the Western and Northern Cape will face a potentially devastating scenario, especially since the US citrus market's appetite for our produce until very recently offered the potential for creating many more local citrus jobs.' 'No company can compete with 30% tariffs' The Congress of South African Trade Unions (Cosatu) on Friday said it was 'extremely concerned' about the impact of the 30% tariff on all South African goods, barring minerals. 'We fear the devastation this will wreak upon farmworkers in the citrus industry from the Western Cape to Limpopo, to motor manufacturing workers from the Eastern Cape to Gauteng. No company can compete with 30% tariffs. Many may close,' said Cosatu in a statement. Daily Maverick reported previously that Trump's punishing tariffs would kneecap South African industries, including the automotive sector and the citrus industry. 'This calamity has been made worse as South Africa has been unfairly made a global skunk with comparatively far better tariffs of 15% announced for neighbouring states, economic sector competitors and most of the world, ironically including many regimes with dubious understandings of the rule of law and real human rights abuses and genocides, who will now have a real advantage over South African exports,' Cosatu added. In a statement on Friday morning, DA spokespersons on Trade, Industry and International Relations, MPs Toby Chance and Ryan Smith, said that the commencement of the 30% tariffs on SA goods was a 'devastating outcome' for the country. 'Both the departments of Trade, Industry and Competition, and International Relations and Cooperation should hang their heads in profound shame today. This 'no deal' scenario is due to sheer negligence, failed diplomacy and ineptitude,' they said. The Nelson Mandela Bay Business Chamber said that the imposition of the 30% tariffs was a 'big blow for local businesses, especially in the automotive and agricultural sectors'. 'The Eastern Cape economy is likely to be the most adversely affected in the country by these developments. 'We are deeply concerned about the impact these developments may have on our automotive industry, which is anchored by the Original Equipment Manufacturers (OEMs) which undertake completely knocked down assembly in South Africa. These OEMs are responsible for creating well over a 100,000 jobs at their own operations and within their components supplier networks. 'Furthermore it is estimated that the knock-on employment impact of these OEMs and components manufacturers results in over 500,000 formal jobs being created across the entire automotive supply chain. Around 40% of automotive employment in the country is located in the Eastern Cape,' the chamber said in a statement. DM

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