LIVE: Professor Firoz Cachalia to be sworn in as acting police minister

Professor Firoz Cachalia will be sworn in as the acting Police Minister at the Union Buildings in Tshwane on Friday.

"In accordance with section 91(3)(c), President Cyril Ramaphosa announced the appointment of Prof. Cachalia as Minister in the National Executive with the expressed intention that following the swearing-in, Minister Cachalia will be designated to act as Minister of Police," said the presidency in a statement.

Cachalia, 66, is a former anti-apartheid activist, lawyer, academic, and long-time public servant.

His appointment comes after the Constitutional Court on Thursday dismissed an application brought by the MK Party challenging Ramaphosa's decision to appoint a non-member of Parliament.

The MK Party brought an urgent application challenging Ramaphosa's move by placing Police Minister Senzo Mchunu on special leave and announced 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 in Johannesburg, 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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