Ramaphosa's lawyers argue that probing claims against Mchunu would enable a dismissal in line with Constitution
The Constitutional Court is hearing a case brought by the MK Party to challenge Ramaphosa's appointment of an acting minister while Mchunu is suspended.
Mchunu's suspension was prompted by an explosive press briefing by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, where he made allegations about Mchunu's links to a crime syndicate in Gauteng.
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• Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt
• Zuma's lawyers accuse Ramaphosa of abusing Constitution
The president has addressed Parliament and taken questions on his decision not to fire Mchunu but place him on suspension, to which he has responded that he cannot suspend Mchunu based on untested allegations.
On Wednesday, his lawyer, Advocate Ngwako Maenetje, took this argument a step further, saying the investigation into Mchunu in the form of a judicial commission of inquiry would enable the president to respond to the allegations in line with the Constitution and the principle of rationality.
"And we would submit that that need for investigation in that context is to enable the president to distress the power to dismiss in a manner that is consistent with the Constitution and the requirement of the principle of rationality."
Maenetje said that while there is no express provision that says the president can suspend a minister, it is implied in his power to appoint.
The president's lawyers said it was good governance on the part of the president to remove Mchunu from his office, while he is being investigated.
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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading The court ruled that the MKP had erred when it took the matter to the apex court, adding that the matter failed to engage the court's exclusive jurisdiction. Justice Rammaka Mathopo said no case had been made out for direct access to the Constitutional Court and that full reasons for the order would follow. 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