MK party accuse ConCourt of ignoring violations by Ramaphosa
The MK party has accused the Constitutional Court of ignoring the 'most serious and flagrant constitutional violations perpetrated' by President Cyril Ramaphosa.
Former president Jacob Zuma and the MK party suffered a blow last week when the apex court dismissed their urgent application to invalidate Ramaphosa's decision to place Minister of Police Senzo Mchunu on a leave of absence, appoint Wits law professor Firoz Cachalia as acting police minister and establish a commission of inquiry.
Ruling
The ConCourt ruled that the application does not engage the court's jurisdiction and refused direct access to the MK party and Zuma in its matter against Ramaphosa.
'The 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,' Justice Rammaka Steven Mathopo said.
ALSO READ: Zuma demands Ramaphosa resign by Friday, or else…
'And the following order is made. One, direct access is refused; two, courts are reserved; three, reasons for this order shall be given at a later date. Thank you,' Mathopo said.
The ruling cleared the way for Ramaphosa to appoint Cachalia – an appointment made on Friday – and for the Madlanga Commission to proceed with its work.
Zuma/MK party not happy
Zuma and the MK party are not happy with the apex court's ruling, with the party's national spokesperson Nhlamulo Ndhlela accusing the court of 'turning a blind eye' to the matter.
'To the shock of most South Africans who were under the impression that the rule of law still prevails in this country, the Constitutional Court has unfortunately chosen to turn a blind eye and take the easy way out by hiding behind technicalities, instead of addressing the real issues that have been presented by the MK party.
'The Constitutional Court has effectively sidestepped a clear constitutional crisis by deferring the matter to the High Court, where it may remain for years before potentially returning, well after Ramaphosa's term in office has concluded. In so doing, the apex court has abdicated its responsibility to hold the Executive accountable,' Ndhlela said.
The Citizen has contacted the judiciary for comment. This will be included in the article once received.
'Brave efforts'
Ndhlela claims the court's decision has disregarded the 'brave efforts of General Mkhwanazi' and many other law-abiding whistleblowers who are committed to fostering a safer, crime-free South Africa.
'The MK party will not be easily discouraged from demanding accountability. We are considering all available peaceful options to do so.'
As the next step, the party, through its attorneys, demanded the resignation of Ramaphosa for 'repeatedly violating his oath of office', giving him until 10am on Friday to do so, or it would take action against him.
'Two police ministers'
The party also demanded that Ramaphosa give reasons 'why South Africans must pay for two police ministers and fund an illegal Commission of Inquiry'.
'Ramaphosa is also required to respond to a list of 15 questions by Friday, 8th August 2025, concerning the current constitutional turmoil, which has been fuelled by his attempt to shield his ally, Mr. Senzo Mchunu, from a justified removal from Cabinet in exchange for protection related to the CR17 and Phala Phala criminal activities,' Ndhlela said.
ALSO READ: Zuma and MK party case should've started in High Court, ConCourt hears [VIDEOS]
The letter said, irrespective of the answers Ramaphosa provides, his actions to place Mchunu on leave and appoint Cachalia remain 'illegal'.
Chief justice
Ndhlela said the MK party will be sending another letter to the Chief Justice [Mandisa Maya] requesting the urgent provision of the outstanding reasons for the order handed down last Thursday.
'Once all the necessary information and reasons have been received from Mr. Ramaphosa and the apex court, the way forward will be determined and communicated publicly.
'The MK party is adamant that it is in the country's best interest that Mr. Ramaphosa resigns with immediate effect. Any political party or member of Parliament who intends to vote against the MK party's forthcoming motion of no Confidence towards Ramaphosa should be prepared to face the justified anger of South Africans,' Ndhlela said.
Ndhlela added that the MK party will continue to organise 'peaceful demonstrations in support of General Mkhwanazi and to strengthen the call for Ramaphosa's removal.'
ALSO READ: Madlanga inquiry: How much probe into Mkhwanazi's allegations will cost
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