The Constitutional Court has dismissed MK Party’s urgent application challenging President Cyril Ramaphosa’s recent executive decisions on police ministry, ruling that the matter falls outside its exclusive jurisdiction.
The court upheld Ramaphosa’s authority to place Police Minister Senzo Mchunu on leave and affirmed the legality of appointing Professor Firoz Cachalia as Acting Police Minister.
Justice Rammaka Mathopo, delivering the judgment on Friday, ruled that the application did not meet the threshold for either exclusive jurisdiction or direct access under Section 167 of the Constitution.
“This is not a matter that falls within this court’s exclusive jurisdiction… nor is it one where the interests of justice favour direct access,” said Justice Mathopo.
The legal challenge stemmed from explosive allegations made by KZN Police Commissioner, Lt-Gen Nhlanhla Mkhwanazi, who claimed a criminal syndicate had infiltrated law enforcement, intelligence, and even the judiciary.
These claims implicated Minister Mchunu in allegedly interfering with police investigations.
In response, Ramaphosa placed Mchunu on leave, appointed former Deputy Chief Justice Mbuyiseli Madlanga to lead a Judicial Commission of Inquiry, and named Cachalia as Acting Police Minister—moves Zuma and the MKP argued were unconstitutional, irrational, and displayed executive bias.
They claimed Cachalia’s appointment was invalid since he was neither a member of Cabinet nor Parliament, and argued the judicial probe violated the principle of separation of powers.
However, the court found that none of the president’s actions amounted to a failure to fulfill constitutional obligations—an essential requirement for invoking the court’s exclusive jurisdiction.
The justices also noted the absence of urgency and material evidence in the applicants’ founding papers.
They advised that the High Court remains the appropriate forum for such a challenge.
The application was dismissed, direct access denied, and costs reserved.
Politics
