MK Party said it would not be surprised if the Constitutional Court rules in favour of President Cyril Ramaphosa after “unlawfully” placing Police Minister Senzo Mchunu on special leave — accusing the judiciary of being “captured” and complicit in political manoeuvring.

The ConCourt is expected to hand down judgment in Johannesburg on Thursday. 

This is after it heard the MKP’s urgent application challenging Ramaphosa’s decision to place Mchunu on special leave and appoint Professor Firoz Cachalia, a non-MP, in an acting oversight role over the police portfolio.

Cachalia is expected to begin his duties on Friday, August 1. 

MK Party insisted the move was unconstitutional, flagging serious legal and procedural violations.

“Well, we know that, as you heard KZN Police Commissioner Lt-Gen Nhlanhla Mkhwanazi saying, the judiciary is complicit and implicated. So, that alone is telling,” said MKP national spokesperson, Nhlamulo Ndhlela.

Ndhlela said they hoped that the court would consider the merits of the case and not politicise the issue. 

Citing sections 91 and 98 of the Constitution, Ndhlela contended that only a current member of Cabinet can temporarily assume the powers of the police minister. “Section 98 is very clear,” he argued.

“You can’t appoint someone from outside Parliament in an acting Cabinet role. That’s constitutional delinquency, and it cannot be allowed.”

The party said the decision to appoint Cachalia — a respected academic, who is not currently in Cabinet — bypassed constitutional requirements and set a dangerous precedent. 

“You must first appoint a person to the Cabinet, and then they can serve. Not the other way around. That’s not semantics — it’s the law.”

MKP’s court challenge comes amid growing tension between the party and state institutions, particularly the judiciary, which it accuses of favouritism and political bias.

“Even during the elections, one of our consistent messages was to expose how polarised the judiciary has become,” the party said. “The law is applied selectively, and that’s a reality South Africans need to confront.”

While expressing hope for a fair outcome, MKP made it clear that it would view any adverse ruling as further proof of institutional decay.

“If the outcome goes against us, then the judiciary will continue to expose itself. But our case is honest, and the President is being dishonest with the public. That’s what this is really about.”

kamogelo.moichela@iol.co.za 

IOL Politics

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