The Constitutional Court will hear an urgent application on Wednesday brought by the MK Party, challenging President Cyril Ramaphosa’s decision to place the Minister of Police on special leave instead of dismissing him.
The party is seeking a declaration that the President’s decision is invalid and unconstitutional.
Ramaphosa has appointed Professor Firoz Cachalia as acting minister.
The application also seeks to overturn Ramaphosa’s decision to establish a judicial commission of inquiry, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga.
The inquiry will investigate explosive allegations of high-level criminal collusion involving senior law enforcement officials and members of the judiciary.
The legal battle comes in the wake of startling claims made by KZN Police Commissioner Lt-Gen. Nhlanhla Mkhwanazi, who alleged that senior government officials—including Mchunu—as well as various law enforcement bodies and judicial figures, were entangled in orchestrated criminal activities.
Mkhwanazi’s allegations, made public earlier this month, sent shockwaves through the country’s security establishment and prompted Ramaphosa to take immediate action.
In response, the president placed Mchunu on special leave, citing the need to allow for an impartial investigation.
Ramaphosa simultaneously announced the formation of a judicial commission to probe the allegations, describing the move as essential for restoring public trust in law enforcement and the judiciary.
However, the MK Party has rejected the president’s steps, labeling them unconstitutional and politically motivated.
The party argued that both the appointment of an acting minister and the establishment of the inquiry bypassed proper procedures and lacked rational justification.In directives issued Friday, the ConCourt instructed the MK Party to file its heads of argument by 2pm on Sunday.
The respondents, including Ramaphosa and Mchunu, were ordered to submit theirs by 2pm on Monday.
The case marks the latest flashpoint in a series of legal and political confrontations between the MKP and Ramaphosa’s administration, further intensifying the post-election climate.
Political analysts suggest the outcome could have far-reaching implications for executive authority and the constitutional boundaries of presidential discretion during times of political crisis.
The ConCourt’s ruling is expected to set a precedent on the limits of presidential powers in managing cabinet members under investigation and responding to national security concerns.
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