Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt
The party and its leader, former President Jacob Zuma, have taken Ramaphosa to the apex court over his decision to place Mchunu on special leave, appoint an acting police minister and institute a judicial commission of inquiry.
ALSO READ: Zuma's lawyers accuse Ramaphosa of abusing Constitution
This was prompted by an explosive media briefing by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, where he made allegations of a crime syndicate in Gauteng involving law enforcement, the judiciary and politicians.
The MK Party's lawyer, advocate Anton Katz, has pointed out for the Constitutional Court that the country's supreme law had made clear provisions for an acting president but none for an acting minister.
He said that the president only had the power to appoint and dismiss a minister, not suspend.
"So the president says: 'I need a good police service while this minister is under investigation. Its not that I'm punishing him, it's just that I don't want him to be part of my Cabinet. What's wrong with that?'"
Katz said that the decision to fire Mchunu dis not have to be permanent.
Ramaphosa's lawyers are expected to rebut this point in their arguments.
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