EFF challenges Ramaphosa's decision on Police Minister's 'special leave'

The EFF contends that President Cyril Ramaphosa does not have the constitutional power to put a cabinet minister on a leave of absence, instead suggesting he should relieve Mchunu of his duties.

This is according to a legal letter served on Ramaphosa challenging his decision to place embattled Police Minister Senzo Mchunu on special leave.

The decision comes after allegations of corruption were made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi.

The EFF isn't the only party questioning President Ramaphosa's decision. The uMkhonto weSizwe (MK) Party has also indicated that it's drafting papers for a Constitutional Court challenge, and the DA said police were now investigating the criminal charges it lodged against Mchunu

The DA also confirmed that a senior Lieutenant Colonel has been assigned as the investigating officer in the criminal matter against Mchunu.

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 a leave of absence with Professor Firoz Cachalia appointed as acting Minister of Police effective August 1.

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.

“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 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 did not respond to questions about whether the president was preparing to challenge the EFF's court action.

Cape Times