The Constitutional Court has dismissed an urgent application by former president Jacob Zuma and the MK Party to challenge President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on leave and appoint an acting minister.
The court ruled on Thursday that Ramaphosa acted within his constitutional powers when he placed Mchunu on leave amid allegations of political interference in police operations. The president also appointed Wits law professor Firoz Cachalia as acting police minister and established a commission of inquiry.
The legal battle stems from claims made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi, who accused Mchunu and crime detection deputy commissioner Shadrack Sibiya of improperly influencing police work.
In its ruling, the Constitutional Court affirmed that the constitution allows for ministers to be placed on leave when facing allegations, and permits the appointment of acting ministers to ensure continuity in government operations.
The decision deals a blow to Zuma and the MK Party’s attempt to challenge Ramaphosa’s executive authority. The court’s ruling reinforces the president’s power to make ministerial changes during investigations into misconduct allegations.
This case highlights ongoing tensions within South Africa’s security services and the political fallout from allegations of improper interference in police work. With the commission of inquiry still to come, further developments are expected in this high-stakes political and legal battle.