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The Citizen
2 days ago
- Politics
- The Citizen
ConCourt sets date for MK party's case against Ramaphosa over Mchunu
Former President Jacob Zuma and the MK party are seeking to invalidate Ramaphosa's decision to place Mchunu on a leave. The Constitutional Court has set down a date to hear the MK party's urgent application against President Cyril Ramaphosa to place Police Minister Senzo Mchunu on leave. Former President Jacob Zuma and the MK party are seeking to invalidate Ramaphosa's decision to place Mchunu on a leave of absence and appoint Wits law Professor Firoz Cachalia as acting police minister. They are also challenging Ramaphosa's establishment of a judicial commission of inquiry to investigate allegations of corruption in the police. 'Applicants must file heads of argument by Sunday, 27 July 2025, at 14h00. Respondents must file heads of argument by Monday, 28 July 2025, at 14h00,' the court directed. The matter has been set down for Wednesday, 30 July at 11am. ALSO READ: Zuma says Ramaphosa has no constitutional power to suspend Mchunu Allegations KwaZulu-Natal (KZN) Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi made explosive allegations during a media briefing this month, accusing Mchunu and Deputy National Commissioner for Crime Detection, Shadrack Sibiya, of political interference in police operations. In Ramaphosa's answering affidavit on Wednesday, the president argued that the constitution gives him 'a wide berth as to how to deal with ministers' 'It is clear that I am empowered to place a minister on special leave when there are serious allegations… so that those allegations can be properly investigated,' said Ramaphosa. However, Zuma argues there's no express constitutional power allowing Ramaphosa to impose special leave on Mchunu. ALSO READ: Ramaphosa motion of no confidence: MK party requests secret ballot Zuma challenge Zuma said there are details in Ramaphosa's affidavit that Mchunu will not return as minister of police after the commission of inquiry. 'There is nothing said in the president's affidavit which justified placing Minister Mchunu on 'special leave' and thereby causing him to retain his ministerial title, salary and other perks or privileges at the expense of the long-suffering taxpayer'. Feroz Cacahlia Zuma said Ramaphosa 'openly dodges' the clear distinction between the power to appoint a minister and the different power to appoint an acting minister. 'The two are plainly not the same. The obfuscatory reference to the credentials of Prof Cachalia is nothing but deflection. For the record, no issue is taken against the professor's credentials… The issue is whether he was constitutionally qualified to be appointed by the president. The answer is that he was not.' Zuma also challenged Mchunu's version of events, portraying it as 'evasive and legally flawed', saying the minister's affidavit is a 'masterclass in evasion – it skirts the core allegations and offers no constitutional basis for the executive's conduct.' ALSO READ: Here's why Zuma's MK party wants Ramaphosa removed in 'urgent' motion of no confidence
The Citizen
3 days ago
- Politics
- The Citizen
Zuma and MK party contest Ramaphosa's decision to suspend Mchunu
Zuma and the MK party filed an urgent application seeking to invalidate the police minister's leave of absence. Former President Jacob Zuma and the MK party have responded to President Cyril Ramaphosa's answering affidavit, which claims that the MK party is attempting to score political points against him through its Constitutional Court challenge to his decision to place Police Minister Senzo Mchunu on leave. Zuma and the MK party filed an urgent application on 18 July seeking to invalidate Mchunu's leave of absence and Wits law Professor Firoz Cachalia's appointment as acting police minister. Challenge They is also challenging Ramaphosa's establishment of a judicial commission of inquiry to investigate corruption allegations in the police. KwaZulu-Natal (KZN) Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi made explosive allegations during a media briefing this month, accusing Minister Mchunu and Deputy National Commissioner for Crime Detection, Shadrack Sibiya, of political interference in police operations. ALSO READ: Here's why Zuma's MK party wants Ramaphosa removed in 'urgent' motion of no confidence Dealing with ministers In Ramaphosa's answering affidavit on Wednesday, the president argued that the constitution gives him 'a wide berth as to how to deal with ministers'. 'It is clear that I am empowered to place a minister on special leave when there are serious allegations… so that those allegations can be properly investigated,' said Ramaphosa. 'Where I was not empowered to suspend a minister pending the outcome of an investigation … I would be compelled in all cases, regardless of the circumstances, to dismiss the minister simply on the basis of the allegations … even if they may, on investigation, turn out to be unfounded,' Ramaphosa said. 'Constitutional power' In response to Ramaphosa's answering affidavit, which missed the initial deadlines set by Chief Justice Mandisa Maya, Zuma argues there's no express constitutional power allowing Ramaphosa to impose 'special leave on Mchunu. Zuma said there are details in Ramaphosa's affidavit that Mchunu will return as minister of police after the commission of inquiry. 'There is nothing said in the president's affidavit which justified placing Minister Mchunu on 'special leave' and thereby cause him to retain his ministerial title, salary and other perks or privileges at the expense of the long-suffering taxpayer. 'There is simply no potential that he will ever return to the portfolio of Minister of Police, irrespective of the outcome of the commission of inquiry. That unlikely eventuality may also be subject to the ongoing criminal investigations against him, as well as the outcomes of the Parliamentary Ad Hoc Committee. The ends do not justify the means. All we are left with are ex post facto and Illegal rationalisations,' Zuma said. ALSO READ: 'Ramaphosa will go down in history as one of the most useless presidents' – analyst Whitfield and Mchunu Zuma argues that while DA's Andrew Whitfield did not admit guilt, contrary to the president's claim, the allegations against Whitfield were also untested. 'For a police minister or any minister to collude with criminals is objectively more serious than travelling abroad without permission.' 'It is also plainly false to state that Mr Whitfield ever admitted the allegations against him. The president has produced no evidence of this, Zuma argued. Cachalia In the affidavit, Zuma said Ramaphosa 'openly dodges' the clear distinction between the power to appoint a 'minister' and the different power to appoint an 'acting minister'. 'The two are plainly not the same. The obfuscatory reference to the credentials of Prof Cachalia is nothing but deflection. For the record, no issue is taken against the Professor's credentials… The issue is whether he was constitutionally qualified to be appointed by the president. The answer is that he was not.' Mchunu Zuma's affidavit also takes direct aim at Mchunu's version of events, portraying it as 'evasive and legally flawed.' 'The minister's affidavit is a masterclass in evasion — it skirts the core allegations and offers no constitutional basis for the executive's conduct. The minister's affidavit is riddled with deflection and fails to confront the gravity of the allegations raised by Lieutenant General Mkhwanazi.' Judicial commission Zuma's argument about the Judicial Commission of Inquiry is sharply focused on its judicial nature and the risk of bias. While Zuma does not oppose the idea of a commission itself — and agrees it may be necessary — what he challenges is the appointment of a judge (Justice Mbuyiseli Madlanga) to chair it, given that the judiciary is among the institutions implicated by Mkhwanazi. 'It is irrational and unconstitutional to appoint a judge to chair a commission that is mandated to investigate allegations implicating members of the judiciary. This violates the principle that no one should be a judge in their own cause.' Impartiality Zuma wraps up his argument by framing the challenge not as defiance, but as a constitutional safeguard — emphasising fairness and legality in the mechanisms of oversight. 'I make this application not to avoid accountability, but to ensure that the process by which accountability is demanded is itself lawful, impartial, and consistent with the constitution.' Zuma argued that appointing a judge to lead a commission investigating the judiciary violates the constitutional principle of impartiality — specifically, that 'no one should be a judge in their own cause.' ALSO READ: MK party slams Ramaphosa over missed Mandela Day deadline
IOL News
5 days ago
- Politics
- IOL News
Firoz Cachalia's Stark Choices: Confront the SAPS Rot or Protect Ramaphosa's Interests
Hundreds marched in the streets of Durban on July 15, 2025 in support of KZN Police Commissioner Lt. Gen. Nhlanhla Mkhwanazi. Mkhwanazi, as a senior officer, would have been aware of the implications of bypassing his superiors. That he felt compelled to do so signals profound institutional dysfunction, says the writer. Clyde N.S. Ramalaine President Ramaphosa's controversial decision to place Police Minister Senzo Mchunu on leave and appoint Professor Firoz Cachalia as Acting Minister of Police, effective 1 August, has sparked turbulence within the upper echelons of the SAPS. Days later, National Police Commissioner General Fanny Masemola placed Lt. General Shadrack Sibiya, head of Crime Detection, on leave, prompting speculation that KZN Provincial Commissioner Lt. Gen. Nhlanhla Mkhwanazi may be next. These shifts ignited widespread political speculation and disjointed warnings that any move against Mkhwanazi could provoke resistance. While inflammatory rhetoric should not be condoned, it must be understood within the broader political volatility and a society that registers its displeasure with President Ramaphosa and his ANC party, which continues to disrespect South Africans. A key question emerges: Is there a connection between these rumblings and Minister in the Presidency Khumbudzo Ntshavheni's recent reference to intelligence about a potential coup? Or is this mere coincidence? The timing evokes memories of July 2021, when the President warned of an insurrection, though no government buildings were stormed. That episode, shaped more by strategic narrative management than decisive institutional response, sets a precedent for today's rhetoric: instability wrapped in vague intelligence briefings, masking internal state dysfunction. Currently, Mchunu's leave and Cachalia's appointment are being challenged legally, as shown by a letter to the President from the MKP. Within this unstable terrain, Cachalia's response to Mkhwanazi's press conference on 6 July deserves closer scrutiny, not just for tone but for what it reveals about underlying tensions in the SAPS and the broader political ecosystem. Cachalia described Mkhwanazi's press conference as 'highly unusual.' The phrase, deliberately ambiguous, subtly chastises Mkhwanazi for bypassing internal channels without condemning him outright. This language allows Cachalia to tread carefully, projecting institutional respect while acknowledging the extraordinary nature of Mkhwanazi's public disclosure. This calculated framing reflects the posture Cachalia is likely to adopt as Acting Minister: one of procedural discipline blended with political pragmatism. It acknowledges the breach of protocol while hinting at possible justification, especially if formal channels were already compromised. Indeed, Mkhwanazi accused Mchunu and Sibiya of dismantling key investigative units, especially those probing political killings. He further revealed that CR17-aligned campaigner Brown Mogotsi appeared as an unsolicited intermediary, relaying directives via WhatsApp. Mogotsi's involvement, without formal designation, hints at a disturbing entanglement between informal actors and operational policing decisions. In such an environment, appeals to 'proper channels' lose credibility. Cachalia's follow-up remark that Mkhwanazi 'may have had no choice' to go public becomes telling. Carefully hedged, it nonetheless conveys implicit moral endorsement. It recognises that the normal institutional safeguards, meant to protect sensitive investigations, may have collapsed, thereby legitimising Mkhwanazi's extraordinary action. This subtle concession validates the general's ethical stance, reframing his public disclosure as an act of integrity, not insubordination. In this sense, Cachalia's wording becomes a cautious bridge, acknowledging both the breach and the rot that necessitated it. His balanced rhetoric signals an attempt to reassert authority without escalating internal dissent. Still, Mkhwanazi, as a senior officer, would have been aware of the implications of bypassing his superiors. That he felt compelled to do so signals profound institutional dysfunction. His press conference functioned as both revelation and protest: exposing that the mechanisms meant to uphold accountability had themselves become sites of compromise. Cachalia, a former anti-apartheid activist and seasoned legal mind, likely understands this. His statement that he would 'ask' Mkhwanazi about the press conference, rather than threaten disciplinary action, casts him more as an investigator than an enforcer. He appears intent on navigating complexity, not bulldozing through it. His appointment, though partially justified by his public service credentials, is also rooted in loyalty and political trust. As a Ramaphosa confidant, or "house friend" in ANC parlance, Cachalia's selection serves multiple functions: reassurance, political insulation, and the projection of reform-minded oversight. His identity, outside the ANC's dominant patronage patterns, also helps Ramaphosa symbolically reframe the narrative of leadership. Cachalia disclosed that the President called him only an hour before the appointment was announced, beginning with an apology for not yet attending a NACAC meeting, a body Cachalia chairs. This suggests that his appointment may have been reactive or a calculated response to criticism of Ramaphosa's disengagement from anti-corruption structures. The fact that NACAC's 2023 report on policing, like the Prof. Sandy Africa report on the July 2021 unrest, has not been implemented, casts Cachalia's new role in a politically instrumental light. Thus, Cachalia's elevation may serve several functions: as a gesture toward overdue reform, as insulation against fallout, and as a trusted figure to manage emerging crises within SAPS without exposing the President to deeper scrutiny. His presence buys time, stabilises perception, and ensures factional loyalty at a moment of deep political uncertainty. Ultimately, Mkhwanazi's public statement was a forced intervention into a system that had rendered internal reporting futile. His actions underscore a harsh truth: when mechanisms of accountability are themselves compromised, public disclosure may be the only ethical recourse. Expecting officers to quietly comply under such conditions would mean sanctioning silence in the face of corruption. Cachalia's language, at once ambiguous and revealing, walks a delicate line. It neither fully supports nor condemns Mkhwanazi but signals a deeper institutional malaise. His phrase 'he may have had no choice' speaks volumes. The scandal, in his framing, is not Mkhwanazi's boldness, but the political interference he was compelled to expose. The real question is not whether Mkhwanazi broke ranks, but whether Cachalia, if confirmed and at the helm, will confront the rot or simply manage its optics to protect Ramaphosa's interest. * Clyde N.S. Ramalaine is a theologian, political analyst, lifelong social and economic justice activist, published author, poet, and freelance writer. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.
IOL News
5 days ago
- Politics
- IOL News
Firoz Cachalia's Stark Choices: Confront the SAPS Rot or Protect Ramaphosa's Interests
Hundreds marched in the streets of Durban on July 15, 2025 in support of KZN Police Commissioner Lt. Gen. Nhlanhla Mkhwanazi. Mkhwanazi, as a senior officer, would have been aware of the implications of bypassing his superiors. That he felt compelled to do so signals profound institutional dysfunction, says the writer. Clyde N.S. Ramalaine President Ramaphosa's controversial decision to place Police Minister Senzo Mchunu on leave and appoint Professor Firoz Cachalia as Acting Minister of Police, effective 1 August, has sparked turbulence within the upper echelons of the SAPS. Days later, National Police Commissioner General Fanny Masemola placed Lt. General Shadrack Sibiya, head of Crime Detection, on leave, prompting speculation that KZN Provincial Commissioner Lt. Gen. Nhlanhla Mkhwanazi may be next. These shifts ignited widespread political speculation and disjointed warnings that any move against Mkhwanazi could provoke resistance. While inflammatory rhetoric should not be condoned, it must be understood within the broader political volatility and a society that registers its displeasure with President Ramaphosa and his ANC party, which continues to disrespect South Africans. A key question emerges: Is there a connection between these rumblings and Minister in the Presidency Khumbudzo Ntshavheni's recent reference to intelligence about a potential coup? Or is this mere coincidence? The timing evokes memories of July 2021, when the President warned of an insurrection, though no government buildings were stormed. That episode, shaped more by strategic narrative management than decisive institutional response, sets a precedent for today's rhetoric: instability wrapped in vague intelligence briefings, masking internal state dysfunction. Currently, Mchunu's leave and Cachalia's appointment are being challenged legally, as shown by a letter to the President from the MKP. Within this unstable terrain, Cachalia's response to Mkhwanazi's press conference on 6 July deserves closer scrutiny, not just for tone but for what it reveals about underlying tensions in the SAPS and the broader political ecosystem. Cachalia described Mkhwanazi's press conference as 'highly unusual.' The phrase, deliberately ambiguous, subtly chastises Mkhwanazi for bypassing internal channels without condemning him outright. This language allows Cachalia to tread carefully, projecting institutional respect while acknowledging the extraordinary nature of Mkhwanazi's public disclosure. This calculated framing reflects the posture Cachalia is likely to adopt as Acting Minister: one of procedural discipline blended with political pragmatism. It acknowledges the breach of protocol while hinting at possible justification, especially if formal channels were already compromised. Indeed, Mkhwanazi accused Mchunu and Sibiya of dismantling key investigative units, especially those probing political killings. He further revealed that CR17-aligned campaigner Brown Mogotsi appeared as an unsolicited intermediary, relaying directives via WhatsApp. Mogotsi's involvement, without formal designation, hints at a disturbing entanglement between informal actors and operational policing decisions. In such an environment, appeals to 'proper channels' lose credibility. Cachalia's follow-up remark that Mkhwanazi 'may have had no choice' to go public becomes telling. Carefully hedged, it nonetheless conveys implicit moral endorsement. It recognises that the normal institutional safeguards, meant to protect sensitive investigations, may have collapsed, thereby legitimising Mkhwanazi's extraordinary action. This subtle concession validates the general's ethical stance, reframing his public disclosure as an act of integrity, not insubordination. In this sense, Cachalia's wording becomes a cautious bridge, acknowledging both the breach and the rot that necessitated it. His balanced rhetoric signals an attempt to reassert authority without escalating internal dissent. Still, Mkhwanazi, as a senior officer, would have been aware of the implications of bypassing his superiors. That he felt compelled to do so signals profound institutional dysfunction. His press conference functioned as both revelation and protest: exposing that the mechanisms meant to uphold accountability had themselves become sites of compromise. Cachalia, a former anti-apartheid activist and seasoned legal mind, likely understands this. His statement that he would 'ask' Mkhwanazi about the press conference, rather than threaten disciplinary action, casts him more as an investigator than an enforcer. He appears intent on navigating complexity, not bulldozing through it. His appointment, though partially justified by his public service credentials, is also rooted in loyalty and political trust. As a Ramaphosa confidant, or "house friend" in ANC parlance, Cachalia's selection serves multiple functions: reassurance, political insulation, and the projection of reform-minded oversight. His identity, outside the ANC's dominant patronage patterns, also helps Ramaphosa symbolically reframe the narrative of leadership. Cachalia disclosed that the President called him only an hour before the appointment was announced, beginning with an apology for not yet attending a NACAC meeting, a body Cachalia chairs. This suggests that his appointment may have been reactive or a calculated response to criticism of Ramaphosa's disengagement from anti-corruption structures. The fact that NACAC's 2023 report on policing, like the Prof. Sandy Africa report on the July 2021 unrest, has not been implemented, casts Cachalia's new role in a politically instrumental light. Thus, Cachalia's elevation may serve several functions: as a gesture toward overdue reform, as insulation against fallout, and as a trusted figure to manage emerging crises within SAPS without exposing the President to deeper scrutiny. His presence buys time, stabilises perception, and ensures factional loyalty at a moment of deep political uncertainty. Ultimately, Mkhwanazi's public statement was a forced intervention into a system that had rendered internal reporting futile. His actions underscore a harsh truth: when mechanisms of accountability are themselves compromised, public disclosure may be the only ethical recourse. Expecting officers to quietly comply under such conditions would mean sanctioning silence in the face of corruption. Cachalia's language, at once ambiguous and revealing, walks a delicate line. It neither fully supports nor condemns Mkhwanazi but signals a deeper institutional malaise. His phrase 'he may have had no choice' speaks volumes. The scandal, in his framing, is not Mkhwanazi's boldness, but the political interference he was compelled to expose. The real question is not whether Mkhwanazi broke ranks, but whether Cachalia, if confirmed and at the helm, will confront the rot or simply manage its optics to protect Ramaphosa's interest. * Clyde N.S. Ramalaine is a theologian, political analyst, lifelong social and economic justice activist, published author, poet, and freelance writer. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.
The Citizen
18-07-2025
- Politics
- The Citizen
Police warn of fake social media accounts impersonating Mkhwanazi
Mkhwanazi also pleaded with the public to refrain from using his photographs during various politically aligned marches. As the focus around KwaZulu-Natal (KZN) Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi intensifies following explosive allegations, there are several social media accounts purporting to be the top cop. At a press conference last week, Mkhwanazi alleged political interference in police operations, claiming that Mchunu and Deputy National Commissioner for Crime Detection, Shadrack Sibiya, had meddled. Allegations These allegations reportedly include issuing letters to disband a task force, halting crime intelligence appointments and withdrawing case dockets to Sibiya's office. Both Mchunu and Sibiya have been placed on leave. ALSO READ: Police minister Mchunu 'now under criminal investigation' Fake accounts Since Mkhwanazi made the allegations, several fake accounts have appeared on social media, particularly on X (formerly Twitter), TikTok, and Facebook, using the names and photographs of the top cop. KZN police spokesperson Colonel Robert Netshiunda said they have taken note of the fake social media accounts. 'Police in KwaZulu-Natal would like to inform the public that Lieutenant General Mkhwanazi does not have a social media account, and declare that all social media accounts bearing his name and photographs are fake. They are being used to deceive the public into believing that it is the Provincial Commissioner communicating via such platforms. 'Although police are contemplating taking legal steps against those who impersonate the Provincial Commissioner of KwaZulu-Natal to advance their personal agendas, the public is hereby informed that those profiles are fake and that neither the police in KwaZulu-Natal nor the Provincial Commissioner have endorsed such fake accounts,' Netshiunda said. ALSO READ: WATCH: Cachalia issues warning to criminals As the focus around KwaZulu-Natal (KZN) Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi intensifies following explosive allegations, there are several social media accounts purporting to be the top cop. @TheCitizen_News — 𝙵𝚊𝚒𝚣𝚎𝚕 𝙿𝚊𝚝𝚎𝚕 ⚡️ (@FaizelPatel143) July 18, 2025 Call to public Netshiunda said Mkhwanazi also pleaded with the public to refrain from using his photographs during various politically aligned marches, especially those against President Cyril Ramaphosa. 'Although the Provincial Commissioner appreciates the support that people have shown towards the work of the police in KwaZulu-Natal, the use of his photographs and names on posters and banners during marches has the potential of sending unintended messages to government, government officials, and the international community. 'The Provincial Commissioner of KwaZulu-Natal is against crime and criminals, not leaders in government,' Netshiunda said. ALSO READ: Ramaphosa appoints Gwede Mantashe as acting police minister
