Economic Freedom Fighters (EFF) have served President Cyril Ramaphosa with a legal letter challenging his decision to place Police Minister Senzo Mchunu on a leave of absence. As allegations of corruption swirl, the EFF argues that Ramaphosa lacks the constitutional authority to implement such a measure and is demanding that he take more decisive action, specifically relieving Mchunu of his duties entirely.
This controversy was born from serious accusations levelled against Mchunu by KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, who accused the minister of interfering with sensitive police investigations and conspiring with private business interests to dismantle the Political Killings Task Team in the province. In response, Ramaphosa has initiated a Judicial Commission of Inquiry to probe these allegations, with the investigation expected to span six to twelve months.
The EFF, in their letter drafted by England Slabbert Attorneys, cites Section 91(2) of the Constitution, asserting that “the President does not have the power under Section 91(2) of the Constitution to place a Minister on leave.” They contend that having a minister without assigned powers is “unlawful,” highlighting that Mchunu continues to draw a ministerial salary while on leave, which they label as an “abuse of state resources.”
Furthermore, the EFF has demanded that Ramaphosa provide clarity on several key issues by early next week, including the functions Mchunu will perform while on leave, the nature of any financial benefits he will maintain, and the rationale behind the decision to keep him in a ministerial role rather than dismiss him outright.
The EFF is not alone in its scrutiny of Ramaphosa’s actions. The uMkhonto weSizwe (MK) Party is reportedly preparing to file its own papers for a Constitutional Court challenge, with the Democratic Alliance (DA) confirming that police are actively investigating the criminal charges originally lodged against Mchunu. The DA revealed that a senior Lieutenant Colonel has been appointed as the lead investigator assigned to the case, amplifying the pressure on the embattled minister.
Amidst the growing chaos, Ramaphosa has appointed Professor Firoz Cachalia to serve as acting Minister of Police effective August 1, a decision that further complicates the unfolding drama. With mounting calls for accountability from various political factions, it remains to be seen how the president will respond to the rising legal and political challenges before him. Presidency spokesperson Vincent Magwenya has yet to provide clarity on whether Ramaphosa is preparing to contest the EFF’s legal challenge.