President Cyril Ramaphosa has reiterated his commitment to upholding the Constitution while addressing allegations against Police Minister Senzo Mchunu. This comes as a direct response to an urgent application lodged by former President Jacob Zuma and the MK Party at the Constitutional Court, which argues that three critical decisions made by the current administration in relation to Mchunu are unlawful and unconstitutional.
The controversy began when Ramaphosa placed Mchunu on special leave amidst serious corruption allegations raised by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanzi. Following this, the president appointed Professor Firoz Cachalia to serve in an acting capacity and established a Judicial Commission of Inquiry to investigate the claims further.
Advocate Ngwako Maenetje, representing Ramaphosa, stated that an investigation is necessary for the president to fully exercise his constitutional power to dismiss the minister. “The principle of rationality requires that the process leading to the taking of the decision must itself be rational and properly inform the president whether there is a basis to dismiss,” Maenetje explained. He emphasised that without a thorough investigation, the president cannot arrive at a lawful conclusion regarding Mchunu’s position.
The argument was met with staunch resistance from Advocate Dali Mpofu, who represents Zuma in the application. Mpofu contended that Ramaphosa’s actions of placing Mchunu on special leave and appointing Cachalia are illegal. He highlighted that while the Constitution allows the president to appoint ministers from outside the National Assembly, this clause does not extend to appointing an acting minister in the absence of a formal dismissal.
“This whole manoeuvre is about saving my friend and close ally,” argued Mpofu, suggesting that the president’s actions are designed to maintain Mchunu’s salary and benefits while installing Cachalia to manage police affairs. He called out the complexity of the situation, insisting that if Ramaphosa wishes to appoint Cachalia, he must first dismiss Mchunu legally.