Latest news with #KateHofmeyr
Mail & Guardian
30-07-2025
- Politics
- Mail & Guardian
Concourt reserves judgment on MK party's challenge to Ramaphosa suspending police minister
Suspended Police Minister Senzo Mchunu. (@Senzo_Mchunu/X) The The case, which was argued on Wednesday, raised constitutional questions about the scope of presidential powers, the legitimacy of judicial inquiries and whether the country's highest court is the right forum for such matters. Early this month, Ramaphosa put Mchunu on special leave pending the outcome of The president's appointment of Cachalia, who at the time was not a member of the cabinet, as acting police minister triggered a backlash from the MK party, which claims the move is unconstitutional. Ramaphosa's legal team argued that the case was in the wrong jurisdiction and should be sent to the high court. Kate Hofmeyr SC, representing the president, said the applicants had failed to make a compelling case for either exclusive jurisdiction or direct access to the apex court. 'This is such an important issue, and they devoted two paragraphs to it,' Hofmeyr said, referring to the applicants' founding affidavit. 'If this court in this judgment widens its jurisdictional ambit to take this case, it will likely mean that all powers that are granted to the president under the Constitution will come here and only here as this court of first and final instance. And that would make a mockery of the prior jurisprudence of this court.' Hofmeyr maintained that the constitutional scheme required such disputes to be initiated in the high court, which can deal with urgent matters more efficiently. Justice Rammaka Mathopo queried whether dismissing the case on technical grounds might be seen as judicial abdication, but Hofmeyr said it would reinforce the integrity of the court's jurisdiction. Asked by Mathopo what would happen if the application was dismissed, Hofmeyr responded: 'He [Cachalia] will take office and the Madlanga inquiry will continue. That is the consequence, Justice Mathopo, when litigants go before the wrong forum … If you go before the forum that didn't have jurisdiction, you suffer this consequence. 'Forum shopping cannot be rewarded,' she said, reiterating that urgent matters should begin in lower courts before reaching the apex court. Justice Steven Majiedt asked Hofmeyr whether the alleged implications for national security and judicial integrity in the matter justified bypassing the high court. 'Now the argument is that this is a matter of important rational concern, which as an ordinary citizen it is,' he said. 'But legally … why doesn't this case warrant direct access, given that it goes to national security and implicates the judiciary?' Ramaphosa's senior counsel, Ngwako Maenetje SC, defended the president's choice to appoint Cachalia, a former MP and constitutional law expert, as acting police minister while Mchunu is investigated. 'The president says he is not in a position to exercise the discretion to dismiss without those allegations being investigated,' Maenetje said, referring to the serious but untested claims brought by Mkhwanazi. The MK party, represented by Anton Katz SC, and Zuma's representative, Dali Mpofu SC, argued that Ramaphosa overstepped his constitutional authority. They maintained the president can appoint or dismiss ministers, but not suspend them or delegate their functions to someone outside the cabinet. 'The president cannot assign the powers or functions of Minister Mchunu to a non-member of cabinet. The appointment of Cachalia is ultra vires the Constitution,' Mpofu said. He maintained that Mchunu had been forced to go on special leave, contrary to claims of it being voluntary. Katz echoed Mpofu's submission that the Constitution does not give the president powers to suspend ministers.'Our submission is that the president will always have a discretion to dismiss or not to dismiss. But there is no power for the president to suspend ministers in the Constitution.' Mathopo said the interpretation advanced by the MK party could force presidents to fire ministers prematurely based on untested claims, which he said could have 'chaotic' consequences. The MK party also attacked the legitimacy of the Madlanga commission, arguing that because Mkhwanazi's allegations implicated the judiciary in corruption, it was inappropriate for a sitting judge to preside over the inquiry. Justice Leona Theron asked why the party opposed a judge chairing the commission. Mpofu clarified that the party did not oppose the inquiry itself, only that it be led by a judicial officer. Theron warned that the MK party risked a cost order because of unsubstantiated conspiracy claims in its court papers. Mpofu responded that Ramaphosa had addressed those allegations and had not requested a costs order himself. Justice Jody Kollapen argued that the Judicial Service Commission is the proper forum for addressing complaints against judges, and suggested that Mkhwanazi's claims appeared to be generalised allegations rather than formal grievances. Majiedt challenged Mpofu on how the court could preside over a case that includes accusations against itself. 'How does this court hear a matter where the judiciary is being attacked, and yet it is this same judiciary being asked to adjudicate the matter?' Theron questioned the MK party's decision to approach the constitutional court directly, asking why the high court was not the appropriate first step. Mpofu argued that the matter was of 'utmost public importance', citing protests and financial implications, including the cost of the commission and the confusion of having 'two police ministers'. Outside court, MK youth leader Bonginkosi Khanyile told supporters that the party was 'protecting South Africa from the gangsterism being perpetuated by politicians in government'. He called for Mchunu to be arrested rather than placed on leave at taxpayers' expense. MK deputy president Lincoln Machaba said he was awaiting direction from the party's leaders on the next step.
Daily Maverick
14-05-2025
- Daily Maverick
Intercape bus attacks not investigated because ‘the wrong forms were filled in'
Members of the Portfolio Committee on the Police were left speechless when they were told that there was an affidavit under oath from the police stating that they were not investigating attacks on the Intercape buses as organised crime because 'the company didn't fill in the right forms'. In a revelation that left members of the Portfolio Committee on the Police shocked and speechless, advocate Kate Hofmeyr SC, representing the Intercape bus company, said they were told that crimes against the company, now topping 200, could not be investigated as organised crime because they had not filled in the right form. Most of the attacks occurred in the Eastern and Western Cape. She said Intercape had won all its cases against the police, and the taxpayer had to foot a bill of R2-million for the company's legal bills alone. But she added that despite having won eight cases against the police, the National Prosecuting Authority and the Department of Transport, among others, 'every one of them are in contempt of court'. 'We are sitting with an impossible situation,' she said. There had been cases opened for 46 buses that were stoned and 103 cases of intimidation, of which 15 occurred at the company's headquarters in Cape Town. All the evidence gathered by Intercape — including dashcam videos from the buses — were been handed over to the police. 'It is shocking and unforgivable that the police have had these videos for much longer than three years but there have been no arrests.' Other evidence handed over to the police, she said, included a picture of taxi owners having a meeting that included a whiteboard on which an elaborate price-fixing scheme had been planned, indicating who would have to pay to use the routes, along with the bank accounts into which deposits were made, evidence of recordings and of vehicle registrations. 'Despite this for three years nothing was done,' she said. 'Sustained pattern of organised crime' She added that when the litigation started Intercape had 165 cases, but this had now increased to more than 200. Hofmeyr said these cases should not be seen in isolation, but should rather be investigated as a sustained pattern of organised crime. 'When Intercape was forced to litigate,' she said, 'it was met with staggering opposition from the SAPS.' She said the most staggering of these was a statement, made under oath as part of court papers, that the representatives of Intercape had not filled in the right form when they opened the charges, and should have used the one that was headed 'Organised Crime'. To provide a further example of investigations being blocked by the police, it handed over four registration numbers of people who were intimidating a bus driver in the Eastern Cape to the police in May 2022. 'The police told us the registration numbers belonged to taxi owners. They visited the taxi rank and also obtained statements. Nothing has happened in that case since then.' In another case, she pointed out, a decision by a prosecutor had been pending since May 2023. 'It wasn't enough for the police to be given everything,' she said. She added that her client needed the police's intervention urgently. 'The unfortunate news is that this situation is not getting better. As recently as last month we recorded more incidents.' She added that after adding routes in Mpumalanga and Limpopo the police have been seen watching how people threatened and intimidated bus drivers and did nothing to arrest anyone. After an incident in Phalaborwa the police also phoned Intercape to tell it not to operate on that route before talking to the taxi companies as it was 'beyond the police's control'. The MPs hearing Hofmeyr's submissions were shocked. 'I am disgusted to think I am part of this system,' the EFF's Eugene Mthethwa said. 'Before 1994 when we saw a police van we ran away, even if we did nothing wrong. It seems that now there is no fear.' He said the police's 'modus operandi' of refusing to open cases also took place under other instances. 'The Department of Justice must also come to explain,' he said. 'Why are they always using this policy, this red tape as an excuse?' he asked. 'I am disgraced and flabbergasted.' The Democratic Alliance's Lisa-Maré Schikerling was equally shocked. 'I am at a loss for words,' she said. As was the ACDP's Reverend Kenneth Meshoe. 'Heartbreaking' 'What we have seen and heard is heartbreaking and depressing. I am angry,' he said. 'This is a lawless country where even the police are not taking orders from the court. We need to do something.' Makashule Gana from Rise Mzanzi said the police's lack of action made it seem that the state was weak. 'That video is horrifying. Why are we allowing attacks like that?' he asked. Glen Taaibosch from the MK party said he did not even know where to begin. 'The SAPS must come clean. There is something here that isn't right. I used to be in the taxi industry. Those people are very dangerous.' The Deputy Minister of Police, Polly Boshielo, said they had been grappling with these issues. The police in their representation did not deny the allegations about the form not being filled in, but said they have tried their best to engage in preventive policing on the bus routes. General Godfrey Lebeya from the Hawks said they had a particular mandate and they had reviewed the cases to see which ones they should be investigating. According to the police's list they only had 76 cases, but promised to find the others. The other more than a hundred cases were previously discussed in court papers by the police. Of the 76 cases they looked at, 11 people were arrested. Fourteen cases were withdrawn and 33 were not investigated. These cases included one case of murder, 22 of attempted murder, 34 of intimidation and five of assault. There were 22 cases awaiting a decision from the NPA, the police's presentation showed. DM
