Jacob Zuma and his uMkhonto weSizwe Party (MKP) have asked the Constitutional Court to halt the implementation of President Cyril Ramaphosa’s response to the bombshell allegations made by KwaZulu-Natal provincial police commissioner Lieutenant-General Nhlanhla Mkhwanazi.
The former president and the MKP on Friday filed an urgent application at the apex court to declare invalid and inconsistent with the Constitution Ramaphosa’s decision to place Police Minister Senzo Mchunu and appoint Prof. Firoz Cachalia in an acting capacity as well as establish a commission of inquiry to be chaired by outgoing acting Deputy Chief Justice Mbuyiseli Madlanga.
Zuma and the MKP also want the decisions to be declared invalid and set aside with immediate effect.
They also want further and alternative appropriate, just and equitable remedies including, where necessary, interim relief maintaining the status quo ante (before) the impugned decisions, pending the judgment.
In addition, Zuma and the MKP have asked the Concourt to refer the matter back to Ramaphosa to make constitutionally compliant decisions within 15 days of its order, where applicable.
Dr. John Hlophe, MKP deputy president and leader of the opposition in the National Assembly, told the country’s highest court that Zuma brought the application in his personal capacity as a voter, taxpayer and citizen as well as ex-president.
“The events dealt with in this matter involve the subversion and multiple infringements of the fundamental rights of a citizen including political and socio-economic rights,” explained Hlophe.
Zuma and the MKP approached the Concourt after the Presidency refused to accede to a letter of demand from their lawyers, T. Mpumlwana and Associates, for Ramaphosa to resign and withdraw last Sunday’s public announcement of the commission, Mchunu’s leave, Cachalia’s appointment, effective from August 1, and that of Mineral and Petroleum Resources Minister Gwede Mantashe as acting police minister until Cachalia occupies the position.
The Presidency was threatened with an urgent Constitutional Court application, a motion of no confidence by the MKP working with other political parties and rolling mass action and peaceful demonstrations to force Ramaphosa to step down as president.
In response, the Presidency’s acting head of legal and executive services Geofrey Mphaphuli said they will not be acquiescing to the demands as the terms of reference of the commission are yet to be published in the government gazette and the appointment of Cachalia has not been finalised.
“The complaints by your clients are therefore premature, ill-informed and misplaced and any approach to the courts would similarly be so affected,” Mphaphuli stated.
Hlophe’s founding affidavit explained that the application concerned the urgent matter of utmost public importance and taking it to the lower courts would serve no useful purpose as the continuing depletion of taxpayers’ money is also of relevance.
According to Hlophe, placing Mchunu on leave of absence is irrational, tainted by bias, blatant inconsistency and other forms of favouritism as there is no provision for the president to take such a decision, which is a fancy phrase for suspension with pay.
He argued that Mchunu is one of Ramaphosa’s closest allies in the ANC’s factional battles and has presided over the classification as top secret of the report of the Independent Police Investigative Directorate’s probe into the February 2020 theft of foreign currency at the president’s Phala Phala farm in Limpopo.
“The inference is therefore irresistible that were it not for their political and factional affinities, Ramaphosa would have duly dismissed Mchunu as he is perfectly entitled and legally empowered to do.
“Like Caesar’s wife, the political friends and allies of the president must be above suspicion,” added Hlophe.
He said Cachalia’s appointment was inconsistent with the Constitution, ultra vires, irrational, in breach of the rule of law and evidence of the failure by Ramaphosa to fulfil his constitutional obligations.
On the establishment of the commission to also investigate judicial capture or the involvement of unnamed members of the judiciary in collusion with criminal syndicates as alleged by Mkhwanazi, Hlophe said this is another breach of the Constitution as the only state bodies or organs constitutionally and legally entrusted with the power to investigate judicial conduct are the Judicial Service Commission and the Magistrates Commission.
Zuma and the MKP have asked that the matter be heard on July 28 subject to Chief Justice Mandisa Maya’s direction.
