Judgment reserved in MKP's challenge against Ramaphosa over police minister appointments

Judgment has been reserved in the Constitutional Court matter between the uMkhonto weSizwe Party (MKP) and President Cyril Ramaphosa over the suspension of Police Minister Senzo Mchunu and the appointment of Firoz Cachalia in an acting position.

Central to the case are questions about the limits of presidential power, the legality of acting appointments and whether Ramaphosa acted rationally when he established a judicial commission of inquiry into serious allegations of criminal infiltration of law enforcement agencies.

During the proceedings yesterday brought on an urgent basis by the MKP, lawyers representing the party argued that Ramaphosa has no right to appoint more than one minister of police at the same time after Ramaphosa chose to suspend rather than dismiss Mchunu and only rehire him once he has been cleared by the upcoming commission of inquiry.

Ramaphosa placed Mchunu on special leave after serious allegations by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi that he colluded with a criminal syndicate, accepted illicit payments, interfered in investigations and disbanded a specialised task force into political killings. 

The MKP wants Mchunu fired, while also contesting the appointment of Cachalia as acting police minister.

MKP legal counsel, Mpati Qofa-Lebakeng, argued that the country's ailing economy cannot afford to have more than one minister and two acting ministers at the same time. 

Also arguing on behalf of the MK Party, Dali Mpofu SC said no president could appoint a minister from outside those who are already in Cabinet.

"I think we agree that no President in his right mind would appoint an acting minister of police from outside the Cabinet. We can agree that it is wrong," Mpofu said.

Anton Katz, also on behalf of the MKP argued that Chapter 5 of the Constitution grants no power to suspend, only to appoint or dismiss, saying there was nothing in between.

Kate Hofmeyer, arguing for Ramaphosa, said the Constitutional Court is the last court of resort, arguing that the MKP had abused the process when it approached the highest court in the land to argue the matter on an urgent basis.

She also added that the powers to assign and appoint ministers also lie with the president, who has done right by the Constitution in this regard.

"The President has both the powers and an obligation, and he has the right to exercise these powers subject to the strictures of the law," she argued.

Advocate Griffiths Madonsela, arguing for Mchunu, described Mchunu as being "ambushed" by Mkhwanazi's accusations and said the MKP's response to these allegations was to "draw their spears and to crucify him".

Get your news on the go, click here to join the Cape Argus News WhatsApp channel.

Cape Argus