Cachalia to be sworn in as police minister after ConCourt dismisses Zuma and MK's application
The Constitutional Court has cleared the way for Professor Firoz Cachalia to be officially sworn in as acting police minister on Friday, 1 August, at the Union Buildings.
The court dismissed former president Jacob Zuma and the uMkhonto Wesizwe (MK) party's case against President Cyril Ramaphosa's decision to place Police Minister Senzo Mchunu on leave and appoint Cachalia as acting minister.
In a statement following the ruling on Thursday, 31 July, the Presidency confirmed Cachalia would be sworn in on Friday.
Cachalia (67) is a globally regarded scholar with expertise in constitutional law. Daily Maverick has reported that in 2024, he handed a comprehensive report to Ramaphosa in his capacity as chair of the National Anti-Corruption Advisory Council.
The in-depth report on South Africa's anti-corruption framework focused on improving coordination among law enforcement agencies and proposing an ideal institutional model to combat corruption effectively. Although Ramaphosa has yet to respond to or release the report publicly, Cachalia may soon have the chance to put its recommendations into action.
Wrong forum
The official opposition in Parliament had approached the Constitutional Court on an urgent basis to oppose the appointment, urging it to rule before Cachalia officially assumed the role on 1 August.
At the heart of its argument was that Ramaphosa failed to meet his constitutional responsibilities by opting not to dismiss Mchunu outright, instead placing him on special leave with full pay and perks, and appointing Cachalia, who is not a Cabinet member, as acting minister.
When the court heard the matter on Wednesday, the issue of the court's exclusive jurisdiction to hear the case emerged. Representing Zuma and the MK party, advocate Dali Mpofu argued the matter fell within the court's jurisdiction as Ramaphosa 'has failed to fulfil his constitutional obligation to uphold, defend and respect the Constitution as the supreme law of SA'.
Ramaphosa's legal team argued that the matter should not have been brought before the Constitutional Court at all, but rather before the high court, which was the proper forum for such disputes under the Constitution.
Advocate Kate Hofmeyr, for the President, warned that allowing such a case to be heard in the apex court would open the floodgates for any dispute involving presidential powers to go to the Constitutional Court.
Handing down the unanimous judgement on Thursday, Justice Rammaka Mathopo said: 'The Constitutional Court has considered the application for exclusive jurisdiction and direct access. It has concluded that the application does not engage the court's jurisdiction and no case has been made out for direct access.'
After the ruling, Mpofu said Zuma had expressed shock at the court's decision.
'I don't know what's going to happen in the future in relation to this matter. We might be back in this court. We might be in another court.'
Mpofu argued that the idea of direct access had been misunderstood.
'That question could have been asked to us when we were here for the Nkandla case. It could have been asked when we were here for the secret ballot case. It could have been asked when we were here for the impeachment case and all cases that were against President Zuma.
'But most of all, it should have been asked by you when the Zondo Commission came here directly. What stopped it from going to the high court? And nobody seems to be asking those questions.'
Madlanga Commission
The court's decision also gives the green light for the Madlanga Commission of Inquiry to commence its work. The establishment of the commission was announced by Ramaphosa in July after the explosive allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi at a press conference on 6 July.
Mkhwanazi claimed Mchunu had tried to disband the Political Killings Task Team to protect politically connected members of a criminal syndicate, which Mchunu has denied. The accusations led Ramaphosa to place Mchunu on leave.
Acting Deputy Chief Justice Mbuyiseli Madlanga retired from the Bench on Thursday. In conducting the work of the new commission, he will be assisted by advocates Sesi Baloyi SC and Sandile Khumalo SC as co-commissioners.
The commission is expected to submit an interim report within three months and a final report within six months of its formation. On Monday, Madlanga told reporters the commission has commenced its work 'in earnest'.
The MK party's Constitutional Court case also opposed the establishment of the commission. It argued that it was an unnecessary expense that would come in addition to the financial burden of maintaining multiple ministers. It has been estimated that the commission will cost R147.9-million over six months.
MK's national chairperson, Nhlamulo Ndhlela, said the court's decision was a travesty of justice.
'This is a very serious issue, and we're going to consult. I need to consult with the national officials; obviously, with our legal team, as to what the next steps are. But in this country, quite honestly, this is more than anything else, just a travesty of justice,' he said.
Ndhlela said the party was now looking at other avenues to challenge the President, including a motion of no confidence against Ramaphosa in Parliament, while continuing its 'Hands off Mkhwanazi' marches. DM
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