Is Ramaphosa's action enough to restore faith in SAPS?
This time, to investigate allegations that criminal syndicates have infiltrated the police and intelligence agencies.
The president has also placed Police Minister Senzo Mchunu on a leave of absence, effective immediately.
On today's SA Morning Soapbox, we want to know if this is enough to restore faith in the police.
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IOL News
20 hours ago
- IOL News
Legal action against President Ramaphosa over Police Minister's special leave
Police Minister Senzo Mchunu's suspension questioned after KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi's allegations. Image: IOL Graphics The EFF has served President Cyril Ramaphosa with a legal letter challenging his decision to place embattled Police Minister Senzo Mchunu on special leave. This move comes after allegations of corruption were made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi. The EFF contends that Ramaphosa does not have the constitutional power to put a cabinet minister on leave of absence, instead suggesting he should relieve Mchunu of his duties. The EFF isn't the only party questioning President Ramaphosa's decisions. The uMkhonto weSizwe (MK) Party has also indicated that it's drafting papers for a Constitutional Court challenge, and the DA has confirmed that the South African Police Service (SAPS) is now investigating the criminal charges it lodged against Mchunu Video Player is loading. 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Advertisement Next Stay Close ✕ Ad loading The DA also confirmed that a senior Lieutenant Colonel has been assigned as the investigating officer in the criminal matter against Mchunu, marking the seriousness with which the SAPS is treating the case of their former Minister. Mkhwanazi accused Mchunu of interfering with sensitive police investigations and colluding with businesspeople to disband the Political Killings Task Team in KwaZulu-Natal. In response, Ramaphosa established a Judicial Commission of Inquiry to investigate these allegations, which is expected to take between six to twelve months. Mchunu has been placed on leave of absence with Professor Firoz Cachalia appointed as acting Minister of Police effective August 1, 2025. In the letter sent by England Slabbert Attorneys on behalf of the EFF, the party highlights several points that include the lack of constitutional power. President Cyril Ramaphosa has suspended police minister Senzo Mchunu. Image: GCIS 'The President does not have the power under Section 91(2) of the Constitution to place a Minister on leave." 'A Minister without powers or functions is unlawful as the Constitution requires Ministers to be assigned powers and functions. 'Placing Mchunu on special leave while he continues to draw a ministerial salary, alongside appointing an acting Minister, is seen as an abuse of state resources,' the letter read. "The decision is not only illegal, it is also a flagrant abuse of state resources. It allows Senzo Mchunu to continue drawing a full ministerial salary under the guise of 'special leave'...' the letter continued. The Red Berets demanded that Ramaphosa provide certain information by Monday July 21, 2025, regarding Mchunu's powers and functions during his leave, the pecuniary benefits Mchunu will receive, and the rationale behind the decision to place Mchunu on leave or face further legal action. 'We demand, on our client's behalf, that the President provide our offices with the following information: confirmation of what powers and functions The Hon. Mchunu, MP, will perform as a Member of the Cabinet whilst on leave of absence, and specifically whether these will be the same as or similar to any other Cabinet Member, an explanation whether The Hon. Mchunu, MP's pecuniary and financial benefits will be withdrawn entirely while he is on leave, and if not, why not and confirmation of the specific powers and procedure the President followed in appointing Professor Cachalia as Acting Minister of Police,' the letter read. The letter further asked for reasons why the President placed Mchunu on leave and the reasons why the President, in light of Mkhwanazi's allegations, decided not to dismiss Mchunu. Presidency spokesperson Vincent Magwenya had not responded to questions whether the president was preparing to challenge the EFF's court action. The MKP also intends to draft papers for a Constitutional Court challenge against Ramaphosa's decision while the DA has expressed concerns about the decision, emphasising the need for accountability and warning that commissions of inquiry might be used to delay action. Meanwhile, the DA confirmed that the criminal case the party lodged against Mchunu last week was under investigation. In a statement this week the party deputy Chief Whip in Parliament, Baxolile Nodada, said a senior Lieutenant Colonel has been assigned as investigating officer in the criminal matter against Mchunu, marking the seriousness with which the SAPS is treating the case of their former-Minister. 'The DA has provided the SAPS with a full account on the affidavit of the conduct of Minister Mchunu, for them to begin their investigation. 'Senzo Mchunu, as all other South Africans, must abide by the laws of South Africa – and where laws are broken, criminal investigations must follow. 'Misleading Parliament, lying and fraudulent cover ups cannot be tolerated from ANC Ministers. 'They are serious offences. Parliament is the structure to which the Executive must account honestly, and truthfully,' said Nodada.
IOL News
21 hours ago
- IOL News
Senzo Mchunu's ‘paid political holiday' slammed as Ramaphosa urged to fire minister
Police Minister Senzo Mchunu has been placed on special leave. Image: Tumi Pakkies/Independent Newspapers Police Minister Senzo Mchunu is on a 'paid political holiday,' a legal expert and political analyst said, after explosive allegations from KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi linked him to interference in police work and protection of criminals. Speaking to IOL News, Willie Spies from Hurter Spies Attorneys said President Cyril Ramaphosa's decision to place Mchunu on special leave, allows him to get his full ministerial salary and benefits while still under investigation. 'Unfortunately, yes,' said Spies, when asked if Mchunu's leave of absence constituted a 'paid political holiday.' 'The president has the prerogative to dismiss any minister or deputy-minister. He did so with (Democratic Alliance) Deputy Minister of Trade, Industry and Competition Andrew Whitfield for a minute transgression, but he displayed endless patience with the transgressions of his ANC colleagues.' 'Leave of absence costs the taxpayer a tremendous amount of money, because Minister Mchunu still receives the salary and benefits of a cabinet minister,' he added. Under his fully paid leave of absence, Mchunu is expected to retain his ministerial salary and perks, including blue lights and access to ministerial houses, while also he is expected to carry on with his normal functions in Parliament as an ANC MP. Ramaphosa remains under pressure from political parties including the EFF and the MK Party, to fire Mchunu outright, as they argue there is no provision in the Constitution for placing a minister on special leave. This comes as Mchunu has been at the centre of controversy over the past week after Mkhwanazi accused him of being entangled in a powerful syndicate linked to drug cartels and influential business interests. In explosive allegations, Mkhwanazi accused Lieutenant-General Shadrack Sibiya, the deputy national commissioner for crime detection, who has also been placed on leave, of colluding with Brown Mogotsi, an information dealer from the North West, and Mchunu, in an alleged plot to disband the KwaZulu-Natal political killings task team that has been at the centre of recent law enforcement efforts. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ According to Mkhwanazi, Mchunu disbanded the unit in March, effectively withdrawing 121 active dockets, many of which were linked to politically motivated killings. He presented WhatsApp messages, South African Police Service (SAPS) documents, and cellphone records, alleging a coordinated effort to dismantle the unit. Mchunu, in a letter dated December 2024 to National Police Commissioner General Fannie Masemola, claimed the unit had 'outlived its usefulness.' In response to the mounting scandal, Ramaphosa established a Judicial Commission of Inquiry to probe the allegations and placed Mchunu on special leave. On Tuesday, Ramaphosa appointed Gwede Mantashe, the current Minister of Mineral and Petroleum Resources, as the acting Minister of Police, effectively immediately. Mantashe will oversee police matters while retaining his existing portfolio in mineral and petroleum resources. Professor Firoz Cachalia, who has served in various educational roles, is set to succeed Mantashe at the helm of police leadership in August, following his retirement from the University of the Witwatersrand at the end of this month. Speaking to the media at Luthuli House, in Johannesburg on Tuesday, ANC secretary general Fikile Mbalula confirmed that Mchunu remains a Member of Parliament, and will continue with his MP responsibilities. '"Ministers are members of parliament. Mchunu will work in parliament to execute the duties he is expected to perform as an MP,' he said. Mchunu is also a member of the ANC's National Executive Committee (NEC) and National Working Committee (NWC). Meanwhile, Spies clarified the distinction in responsibilities and expectations between a Cabinet Minister and an ordinary MP, saying that Mchunu while on leave - will not be assigned to any parliamentary committees. 'Ordinary MP's attend portfolio committees, oversight visits and sessions of the National Assembly, but because he is still a serving minister on paid leave, he won't have any memberships of portfolio committees,' he said. 'His only duty is to pitch up for sittings of the National Assembly or to provide an apology if he doesn't,' he said. When asked if it was allowed under the Constitution for someone to step back from their ministerial duties but still stay on as an MP and get paid, Spies confirmed that it is allowed, though questionable in principle. 'Yes, it happens all the time. Zwele Mkhize was treated similarly in June 2021. Ministers left out of cabinet continue to serve as MPs but then they get responsibilities such as committee memberships.' 'I don't think it creates confusion, but the more prudent action for the president would have been to reshuffle the cabinet and leave Mr Mchunu out, until he is cleared of all the allegations against him,' Spies added. Independent political analyst Goodenough Mashego said Mchunu being placed on special leave speaks volumes about the loyalties Ramaphosa is trying to protect. 'I think him being on special leave or removed from his position really speaks to the kind of loyalists that Cyril Ramaphosa is trying to protect,' Mashego said. 'Because being on special leave as a minister simply means you are still getting the perks.' 'Regardless of being a Member of Parliament, it means you are an extraordinary member of Parliament because you're sitting in Parliament and not exercising your duties as a minister, but you are still enjoying the benefits of a minister. That's quite different from being an ordinary member of Parliament.' Mashego said it would have made more sense if Mchunu had been placed on special leave without returning to Parliament. 'That would really be a paid holiday, and it would be obvious to everyone. But the way it's being done now - having someone who is a member of Parliament and not staying home, yet still receiving the benefits of a minister - that alone makes it a paid holiday,' he said. Mashego added that Mchunu, by remaining in Parliament, is expected to continue his duties of holding the executive accountable. 'The executive is made up of the President and Cabinet ministers. They are the ones who make government decisions, so it's Parliament's role to hold them accountable,' he said. However, he questioned the logic of Mchunu holding others accountable while still technically part of the executive. 'If Senzo Mchunu is on a leave of absence as a member of the executive, it doesn't really make sense who he would be holding accountable as a member of Parliament - while he remains part of the executive and isn't fulfilling his ministerial responsibilities,' Mashego said. IOL Politics
Mail & Guardian
a day ago
- Mail & Guardian
Special leave or velvet-glove suspension? A trend in the public sector
Police Minister Senzo Mchunu has been placed on 'special leave'. What does this mean in law? In recent weeks, South Africa has witnessed two high-profile figures, the minister of police and the chief executive of the Road Accident Fund (RAF), being placed on what is termed 'special leave'. Although cabinet ministers are not employees for the purposes of the Labour Relations Act, this raises the question of whether this concept of 'special leave' is just suspension dressed in a velvet glove or whether it carries a different meaning in law and in practice. This article does not analyse the legality of, nor provide commentary on the 'special leave' imposed on the police minister and the RAF chief executive. Instead, it attempts to locate the concept of 'special leave' within the realm of labour law in South Africa. Special leave v Suspension Suspension refers to a temporary removal of an employee from their duties. Suspension in South Africa is typically divided into two categories: precautionary suspension and punitive suspension. A precautionary suspension is usually imposed when an employer is conducting an internal investigation that may lead to disciplinary proceedings. The aim is to safeguard the interests of the organisation by ensuring that the employee does not interfere with the investigation or operations. A punitive suspension, by contrast, is a disciplinary measure taken against an employee found guilty of misconduct. It is less severe than dismissal but entails suspension without pay or benefits — the suspended employee does not receive a salary or benefits while away from work. 'Special leave', on the other hand, is not expressly provided for or defined in South African labour legislation. But it can be said that it is a form of leave granted by an employer to an employee, usually at the behest of the employee, and it can either be based on a policy or an employment contract. Like precautionary suspension and unlike punitive suspension, special leave is generally paid and the employee receives full benefits. But, without a clear definition in legislation or case law, the concept of special leave can be misconstrued and, in some instances, used as means to (indirectly) suspend employees. This was the case in Sibanyoni v Speaker of the City of Mbombela and Others . Here, the applicant, the chief financial officer of the City of Mbombela, approached the labour court on an urgent basis seeking to have the council's resolution to place her on 'special leave' declared unlawful and set aside. This followed a report accusing her of alleged misconduct and recommending that it be investigated. The court found that the special leave as contemplated in the regulations can only be granted at the behest of an employee and there is no such concept as 'forced special leave'. In reaching its decision, the court referred to other precedents, including Heyneke v Umhlatuze Municipality , where the court in dealing with the placement of a municipal manager on 'special leave' found: 'Special leave that is imposed on employees is effectively a suspension in the hope of subverting the residual unfair labour practice provisions of the Labour Relations Act No 66 of 1995 (LRA) and all the time and other constraints that accompany suspensions.' Likewise, in South African Municipal Workers Union obo Matola v Mbombela Local Municipality , it was held that what the respondent labelled as 'special leave' resolution was nothing but the suspension of the applicant in that case. In the end, the court in Sibanyoni found that the special leave imposed by an employer is essentially a euphemism for a precautionary suspension, to create an impression that the provisions were complied with. Whether the special leave is imposed for a prolonged period or short period is irrelevant, because it remains a suspension regardless. As a result, the court declared the resolution adopted by the council to place the chief financial officer on special leave unlawful, set it aside and ordered her reinstatement. While special leave and suspension are theoretically distinct principles, the growing use of special leave to suspend employees blurs the lines between the two. Accordingly, when an employer considers placing an employee on 'special leave', it must do so in a manner consistent with the employment contract or the workplace policy regulating such leave. Failure to do so may result in a finding that the special leave was, in fact, a suspension, and that the employer used the term to mask procedural unfairness and evade legal obligations. If the employer intends to suspend the employee, it should follow the legal prescripts governing suspensions to avoid exposure to unfair labour practice claims. Andile Mphale is a dispute resolution attorney at Lebea Inc Attorneys.
