
Mbalula: Mchunu to stay in parliament, ANC committee despite suspension
ANC secretary general
'Comrade Senzo is a member of parliament, he belongs to parliament. He will attend parliament and will perform all the duties that are expected of him to perform as a member of parliament,' Mbalulat told a media briefing on Tuesday at the party's Luthuli House headquarters.
His remarks came after President Cyril Ramaphosa suspended Mchunu on Sunday following corruption allegations against him by KwaZulu-Natal police commissioner
Mbalula said the ANC national working committee meeting, which took place on Monday, discussed the Mchunu matter.
'He didn't attend and he said [it was] because of a leave of absence. I will explain to him that the leave of absence does not apply to the ANC and his politics,' Mbalula said.
He added that the party supported Ramaphosa's decision to suspend Mchunu from his cabinet post while an investigation was under way. The president has appointed the acting deputy chief justice, Mbuyiseli Madlanga, to chair the inquiry, with advocates Sesi Baloyi and Sandile Khumalo assisting.
Ramaphosa has appointed former MP and respected legal academic Firoz Cachalia as acting police minister while the inquiry proceeds.
Earlier this month, Mkhwanazi told a briefing in Durban that Mchunu had interfered with sensitive investigations and protected business person Vusimuzi 'Cat' Matlala. He also alleged that Mchunu had links with Matlala's associate, Brown Mogotsi, and that these ties influenced policing decisions in the province.
The KwaZulu-Natal police commissioner said they had uncovered a syndicate involving politicians, metro police, correctional services, prosecutors, members of the judiciary and business people working with a drug cartel.
On Tuesday, Mbalula said the ANC welcomed the inquiry as a legal and institutional process to deal with the allegations.
'This is not a moment for complacency,' he said. 'If left unaddressed, these allegations threaten to erode public trust in institutions meant to uphold the law.'
Mbalula dismissed reports that the ANC's integrity commission had made findings against Mchunu. 'There has been no interaction between Comrade Senzo and the integrity commission. When it happens, it will follow proper procedure,' he said.
He warned against spreading misinformation online and accused some of using the matter for political gain.
Mbalula said Ramaphosa had shown consistency in upholding the law. 'The fight against crime and corruption will not be waged through expediency or grandstanding, but through lawful and transparent processes.'
He cited the Zondo state capture commission and the Nugent commission on the South African Revenue Service as examples of how inquiries can lead to reform.
'These commissions exposed wrongdoing and informed legislative and structural reforms,' said Mbalula.
Critics have, however, pointed out that no successful prosecutions have resulted from the work of the Zondo commission.
Mbalula said the ANC continues to support the president's use of commissions where systemic failure or political interference has paralysed existing institutions.
He added that the party had postponed its NEC meeting, which had been scheduled for this coming weekend, because preparatory reports were incomplete.
'The NEC was initially meant to focus on the national budget impasse, but its agenda has since expanded to include discussions on the government of national unity, the alliance with the South African Communist Party [SACP], the state of the organisation, and preparations for the national general council,' he said.
A new date has not been confirmed, but the meeting is expected to sit for four to five days.
The NEC will also consider the SACP's announcement that it may contest the 2026 elections independently.
He said alliance consultations are nearly complete and that the ANC hopes to convene the alliance political council before the NEC meets.
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He did so with (Democratic Alliance) Deputy Minister of Trade, Industry and Competition Andrew Whitfield for a minute transgression, but he displayed endless patience with the transgressions of his ANC colleagues.' 'Leave of absence costs the taxpayer a tremendous amount of money, because Minister Mchunu still receives the salary and benefits of a cabinet minister,' he added. Under his fully paid leave of absence, Mchunu is expected to retain his ministerial salary and perks, including blue lights and access to ministerial houses, while also he is expected to carry on with his normal functions in Parliament as an ANC MP. Ramaphosa remains under pressure from political parties including the EFF and the MK Party, to fire Mchunu outright, as they argue there is no provision in the Constitution for placing a minister on special leave. This comes as Mchunu has been at the centre of controversy over the past week after Mkhwanazi accused him of being entangled in a powerful syndicate linked to drug cartels and influential business interests. In explosive allegations, Mkhwanazi accused Lieutenant-General Shadrack Sibiya, the deputy national commissioner for crime detection, who has also been placed on leave, of colluding with Brown Mogotsi, an information dealer from the North West, and Mchunu, in an alleged plot to disband the KwaZulu-Natal political killings task team that has been at the centre of recent law enforcement efforts. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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 Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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. Next Stay Close ✕ According to Mkhwanazi, Mchunu disbanded the unit in March, effectively withdrawing 121 active dockets, many of which were linked to politically motivated killings. He presented WhatsApp messages, South African Police Service (SAPS) documents, and cellphone records, alleging a coordinated effort to dismantle the unit. Mchunu, in a letter dated December 2024 to National Police Commissioner General Fannie Masemola, claimed the unit had 'outlived its usefulness.' In response to the mounting scandal, Ramaphosa established a Judicial Commission of Inquiry to probe the allegations and placed Mchunu on special leave. On Tuesday, Ramaphosa appointed Gwede Mantashe, the current Minister of Mineral and Petroleum Resources, as the acting Minister of Police, effectively immediately. Mantashe will oversee police matters while retaining his existing portfolio in mineral and petroleum resources. Professor Firoz Cachalia, who has served in various educational roles, is set to succeed Mantashe at the helm of police leadership in August, following his retirement from the University of the Witwatersrand at the end of this month. Speaking to the media at Luthuli House, in Johannesburg on Tuesday, ANC secretary general Fikile Mbalula confirmed that Mchunu remains a Member of Parliament, and will continue with his MP responsibilities. '"Ministers are members of parliament. Mchunu will work in parliament to execute the duties he is expected to perform as an MP,' he said. Mchunu is also a member of the ANC's National Executive Committee (NEC) and National Working Committee (NWC). Meanwhile, Spies clarified the distinction in responsibilities and expectations between a Cabinet Minister and an ordinary MP, saying that Mchunu while on leave - will not be assigned to any parliamentary committees. 'Ordinary MP's attend portfolio committees, oversight visits and sessions of the National Assembly, but because he is still a serving minister on paid leave, he won't have any memberships of portfolio committees,' he said. 'His only duty is to pitch up for sittings of the National Assembly or to provide an apology if he doesn't,' he said. When asked if it was allowed under the Constitution for someone to step back from their ministerial duties but still stay on as an MP and get paid, Spies confirmed that it is allowed, though questionable in principle. 'Yes, it happens all the time. Zwele Mkhize was treated similarly in June 2021. Ministers left out of cabinet continue to serve as MPs but then they get responsibilities such as committee memberships.' 'I don't think it creates confusion, but the more prudent action for the president would have been to reshuffle the cabinet and leave Mr Mchunu out, until he is cleared of all the allegations against him,' Spies added. Independent political analyst Goodenough Mashego said Mchunu being placed on special leave speaks volumes about the loyalties Ramaphosa is trying to protect. 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6 minutes ago
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ANC rallies behind acting police minister Cachalia's appointment
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Mail & Guardian
36 minutes ago
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Special leave or velvet-glove suspension? A trend in the public sector
Police Minister Senzo Mchunu has been placed on 'special leave'. What does this mean in law? In recent weeks, South Africa has witnessed two high-profile figures, the minister of police and the chief executive of the Road Accident Fund (RAF), being placed on what is termed 'special leave'. Although cabinet ministers are not employees for the purposes of the Labour Relations Act, this raises the question of whether this concept of 'special leave' is just suspension dressed in a velvet glove or whether it carries a different meaning in law and in practice. This article does not analyse the legality of, nor provide commentary on the 'special leave' imposed on the police minister and the RAF chief executive. Instead, it attempts to locate the concept of 'special leave' within the realm of labour law in South Africa. Special leave v Suspension Suspension refers to a temporary removal of an employee from their duties. Suspension in South Africa is typically divided into two categories: precautionary suspension and punitive suspension. A precautionary suspension is usually imposed when an employer is conducting an internal investigation that may lead to disciplinary proceedings. The aim is to safeguard the interests of the organisation by ensuring that the employee does not interfere with the investigation or operations. A punitive suspension, by contrast, is a disciplinary measure taken against an employee found guilty of misconduct. It is less severe than dismissal but entails suspension without pay or benefits — the suspended employee does not receive a salary or benefits while away from work. 'Special leave', on the other hand, is not expressly provided for or defined in South African labour legislation. But it can be said that it is a form of leave granted by an employer to an employee, usually at the behest of the employee, and it can either be based on a policy or an employment contract. Like precautionary suspension and unlike punitive suspension, special leave is generally paid and the employee receives full benefits. But, without a clear definition in legislation or case law, the concept of special leave can be misconstrued and, in some instances, used as means to (indirectly) suspend employees. This was the case in Sibanyoni v Speaker of the City of Mbombela and Others . Here, the applicant, the chief financial officer of the City of Mbombela, approached the labour court on an urgent basis seeking to have the council's resolution to place her on 'special leave' declared unlawful and set aside. This followed a report accusing her of alleged misconduct and recommending that it be investigated. The court found that the special leave as contemplated in the regulations can only be granted at the behest of an employee and there is no such concept as 'forced special leave'. In reaching its decision, the court referred to other precedents, including Heyneke v Umhlatuze Municipality , where the court in dealing with the placement of a municipal manager on 'special leave' found: 'Special leave that is imposed on employees is effectively a suspension in the hope of subverting the residual unfair labour practice provisions of the Labour Relations Act No 66 of 1995 (LRA) and all the time and other constraints that accompany suspensions.' Likewise, in South African Municipal Workers Union obo Matola v Mbombela Local Municipality , it was held that what the respondent labelled as 'special leave' resolution was nothing but the suspension of the applicant in that case. In the end, the court in Sibanyoni found that the special leave imposed by an employer is essentially a euphemism for a precautionary suspension, to create an impression that the provisions were complied with. Whether the special leave is imposed for a prolonged period or short period is irrelevant, because it remains a suspension regardless. As a result, the court declared the resolution adopted by the council to place the chief financial officer on special leave unlawful, set it aside and ordered her reinstatement. While special leave and suspension are theoretically distinct principles, the growing use of special leave to suspend employees blurs the lines between the two. Accordingly, when an employer considers placing an employee on 'special leave', it must do so in a manner consistent with the employment contract or the workplace policy regulating such leave. Failure to do so may result in a finding that the special leave was, in fact, a suspension, and that the employer used the term to mask procedural unfairness and evade legal obligations. If the employer intends to suspend the employee, it should follow the legal prescripts governing suspensions to avoid exposure to unfair labour practice claims. Andile Mphale is a dispute resolution attorney at Lebea Inc Attorneys.