The Gauteng Division of the High Court in Pretoria was the scene of high political drama on Thursday morning as the uMkhonto weSizwe (MK) Party launched its third legal challenge against President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on “special leave” and appoint constitutional law expert Professor Firoz Cachalia as acting minister.
The case, argued before a full bench, follows two earlier unsuccessful attempts: an urgent application dismissed by the Constitutional Court in July for lack of urgency, and a second bid struck off the roll by the same High Court in September on technical grounds.
Leading the MK Party’s charge, senior counsel Dali Mpofu SC told the court that President Ramaphosa had no constitutional power to “place” a sitting minister on special leave. “Leave of absence is granted, not imposed,” Mpofu argued. “What the president has done is effectively suspend Minister Mchunu without following the only two constitutional routes available: dismissal or reassignment.”
Mpofu further contended that the appointment of Cachalia, who is not a member of the current Cabinet, violated section 98 of the Constitution, which limits acting ministerial appointments to existing Cabinet members. “You cannot smuggle someone in through the back door,” he said, describing the move as “irrational and unlawful”.
The controversy erupted in July after KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi publicly accused Mchunu of political interference in the province’s police service, including attempts to disband specialised task teams investigating political killings. Instead of dismissing Mchunu, Ramaphosa placed him on special leave pending the outcome of the Madlanga Commission of Inquiry, chaired by Constitutional Court Justice Mbuyiseli Madlanga.
The MK Party, backed by former president Jacob Zuma, has portrayed the president’s actions as a calculated effort to shield Mchunu from accountability while removing an allegedly independent police leadership in KwaZulu-Natal.
In written heads of argument, the presidency, represented by Tembeka Ngcukaitobi SC, insisted that Ramaphosa acted within his broad executive authority under section 85 of the Constitution to ensure the police portfolio continued to function effectively during a sensitive investigation. The presidency described the special leave arrangement as a “pragmatic interim measure”, not a suspension.
Thursday’s hearing comes just a day after the arrest of a Gauteng High Court judge on bribery charges, an event the MK Party swiftly cited as fresh evidence of the risks of judicial involvement in politically charged inquiries.
Judgment was reserved, with legal analysts predicting the matter may yet return to the Constitutional Court whichever way the full bench rules.
Outside the Palace of Justice, dozens of MK supporters waved party flags and sang struggle songs, while police maintained a visible presence.
Speaking to journalists after proceedings, MK spokesperson Nhlamulo Ndhlela said: “This is not just about one minister. It is about whether the president can rewrite the Constitution whenever it suits him politically. The people of South Africa deserve answers.”
The outcome of the case is being closely watched, as it could set important precedents on the limits of presidential power over Cabinet members and the appointment of acting ministers in times of crisis.
Timeline of events
| Date | Court | Key Action/Outcome | Details |
|---|---|---|---|
| July 18, 2025 | Constitutional Court | Urgent application for direct access filed | MK sought to declare Mchunu’s leave, Cachalia’s appointment, and Madlanga Commission invalid as unconstitutional and irrational. Court reserved judgment but later dismissed for lack of urgency, directing them to lower courts. |
| August 13, 2025 | North Gauteng High Court (Pretoria) | Urgent application filed | Revived challenge to review and set aside Ramaphosa’s decisions. MK accused the president of “constitutional delinquency” for not firing Mchunu. Hearing set for August 26. |
| August 26–September 18, 2025 | North Gauteng High Court | Hearing and postponement | Arguments heard; case postponed to September 18 for full bench review. |
| September 18, 2025 | North Gauteng High Court | Struck off the roll | Dismissed on technical grounds (lack of urgency); MK vowed to persist, criticizing it as “selective discipline.” |
| November 27, 2025 (Today) | Gauteng High Court (Pretoria) | Third attempt: Revival application | Full bench hearing on reviving the case for merits review. MK links it to a recent Gauteng High Court judge’s arrest on bribery charges, claiming it validates their warnings against judicial inquiries into “judicial capture.” |