The Constitutional Court has dismissed an application by the uMkhonto weSizwe Party (MKP) and its leader, former President Jacob Zuma, challenging President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave. Legal experts say the court’s ruling was expected, as the case lacked legal merit.
The MKP had argued that Ramaphosa acted unlawfully by temporarily appointing Professor Firoz Cachalia as acting minister. However, the court found no justification for direct access or exclusive jurisdiction and swiftly rejected the application.
Lawson Naidoo of the Council for the Advancement of the South African Constitution (CASAC) said the outcome was correct. “The Constitutional Court is a last resort and requires strong legal grounds for direct access, which were not present here,” he explained. “The president has clear authority to make such appointments, and the court’s decision aligns with constitutional principles.”
The Presidency defended Ramaphosa’s move, stating it was necessary to allow an independent inquiry into possible misconduct in the police ministry. The inquiry is led by retired Justice Madlanga.
The MKP has repeatedly turned to the courts in recent months, but analysts say its legal strategy lacks substance. This latest dismissal reinforces the view that the party’s challenges are politically motivated rather than legally sound.
Naidoo added that the ruling reaffirms the importance of proper legal procedures and discourages frivolous lawsuits. “The president’s power to appoint or remove ministers is well-established, and this case did not present any new arguments to challenge that authority,” he said.
The decision highlights the judiciary’s role in upholding constitutional governance while curbing unnecessary litigation.