ConCourt dismisses MK Party application on Ramaphosa’s police minister appointment

The Constitutional Court in Johannesburg has effectively dismissed the case brought by the MK Party challenging President Cyril Ramaphosa's decision to appoint a non-member of Parliament.

The decision was made on Thursday after the MK Party brought an urgent application challenging Ramaphosa's move by placing Police Minister Senzo Mchunu on special leave and announced Professor Firoz Cachalia as the acting Police Minister.

MK Party argued that the move was unconstitutional, flagging serious legal and procedural violations.

Mchunu was removed following explosive allegations of political interference and unlawful conduct made by KwaZulu-Natal Police Commissioner Lt-Gen. Nhlanhla Mkhwanazi

On Wednesday, at the apex court, MK Party's legal representative Dali Mpofu SC described Ramaphosa’s actions as "unconstitutional and ultra vires."

He told the court that Ramaphosa overstepped his constitutional powers by placing Mchunu on “leave of absence” and then delegating his ministerial duties to someone outside Cabinet.

According to Mpofu, these actions contravened Section 98 of the Constitution, which governs the appointment of acting ministers when a Cabinet member is absent or incapacitated.

“The appointment of Cachalia is plainly unlawful,” Mpofu said.

“Section 98 mandates that only a Cabinet member may be appointed to act in another’s place. Ramaphosa’s failure to comply is a breach of a constitutional obligation.”

sinenhlanhla.masilela@iol.co.za

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