The uMkhonto weSizwe (MK) Party has accused President Cyril Ramaphosa of violating the Constitution by appointing law professor Firoz Cachalia as acting Minister of Police, following the suspension of Senzo Mchunu. The party claims the move is unlawful because Cachalia is not a Member of Parliament.
Ramaphosa placed Mchunu on special leave after serious allegations surfaced, including claims by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi that Mchunu interfered in sensitive investigations and disbanded a specialised task team probing criminal syndicates. In response, Ramaphosa named Cachalia as acting minister pending a judicial inquiry into the matter.
The MK Party, however, swiftly objected. Its parliamentary leader, Judge John Hlophe, argued that the Constitution permits only two ministers to be appointed from outside the National Assembly—and that there is no legal provision for appointing a temporary acting minister who is not an MP.
Hlophe also criticised the inquiry itself, saying it raised a conflict of interest. “It’s a judicial commission of inquiry, headed by a judge, yet there are serious allegations of corruption in the judiciary. In other words, the judiciary is called upon to investigate itself,” he said.
The party further questioned the timing of Cachalia’s appointment, suggesting it was rushed and constitutionally questionable, especially since his academic tenure has not yet ended.
The MK Party has confirmed it will challenge the appointment at the Constitutional Court. Their case will focus on two key legal points: first, that the appointment violates the constitutional limit on ministers from outside Parliament; and second, that no law supports the appointment of a temporary acting minister from outside the legislature.
This legal challenge adds to the mounting pressure on Ramaphosa’s administration and could have lasting implications for the boundaries of executive power in South Africa.
