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Zuma's lawyers dismiss Ramaphosa's reasons for suspending Mchunu as fallacy
Zuma's lawyers dismiss Ramaphosa's reasons for suspending Mchunu as fallacy

Eyewitness News

time4 hours ago

  • Politics
  • Eyewitness News

Zuma's lawyers dismiss Ramaphosa's reasons for suspending Mchunu as fallacy

JOHANNESBURG - Lawyers for former President Jacob Zuma have dismissed President Cyril Ramaphosa's reasons for suspending Minister of Police Senzo Mchunu as a fallacy that has proven unsuccessful in the past. The uMkhonto weSizwe (MK) Party, its leader, Zuma, and Ramaphosa battled it out on Wednesday in the Constitutional Court. ALSO READ: The party wants the president's decision to suspend Mchunu and appoint an acting police commissioner set aside. They are also challenging the judicial commission of inquiry that was necessitated by bombshell allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. Ramaphosa's argument in the Constitutional Court case against him by the MK Party is that it is rational that Mchunu be investigated for the allegations made before he decides to fire him. However, the MK Party's lawyer advocate, Dali Mpofu, said judging by the lack of prosecution of high-profile politicians implicated in the State Capture Commission of Inquiry, that is a fallacy, as many were rewarded with ministerial positions and seats in Parliament. Mpofu has used Gwede Mantashe as an example: 'The president to sustain that argument would have to pass the Mantashe test, and he fails dismally because, as we speak now, despite the tested allegations that were in the Zondo commission, what did the president do? He has appointed Mantashe acting minister of police, as we speak today.' While it noted the urgency of the matter with Professor Firoz Cachalia expected to take office as acting minister on Friday, the court has reserved its judgment.

Ramaphosa's lawyers argue that probing claims against Mchunu would enable a dismissal in line with Constitution
Ramaphosa's lawyers argue that probing claims against Mchunu would enable a dismissal in line with Constitution

Eyewitness News

time14 hours ago

  • Politics
  • Eyewitness News

Ramaphosa's lawyers argue that probing claims against Mchunu would enable a dismissal in line with Constitution

JOHANNESBURG - Lawyers representing President Cyril Ramaphosa have argued that the need to investigate the allegations against Police Minister Senzo Mchunu would enable him to dismiss the minister in a way that is consistent with the Constitution. The Constitutional Court is hearing a case brought by the MK Party to challenge Ramaphosa's appointment of an acting minister while Mchunu is suspended. Mchunu's suspension was prompted by an explosive press briefing by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, where he made allegations about Mchunu's links to a crime syndicate in Gauteng. ALSO READ: • Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt • Zuma's lawyers accuse Ramaphosa of abusing Constitution The president has addressed Parliament and taken questions on his decision not to fire Mchunu but place him on suspension, to which he has responded that he cannot suspend Mchunu based on untested allegations. On Wednesday, his lawyer, Advocate Ngwako Maenetje, took this argument a step further, saying the investigation into Mchunu in the form of a judicial commission of inquiry would enable the president to respond to the allegations in line with the Constitution and the principle of rationality. "And we would submit that that need for investigation in that context is to enable the president to distress the power to dismiss in a manner that is consistent with the Constitution and the requirement of the principle of rationality." Maenetje said that while there is no express provision that says the president can suspend a minister, it is implied in his power to appoint. The president's lawyers said it was good governance on the part of the president to remove Mchunu from his office, while he is being investigated.

ConCourt reserves Judgment in MK Party's case against Ramaphosa over Mchunu leave, Cachalia appointment
ConCourt reserves Judgment in MK Party's case against Ramaphosa over Mchunu leave, Cachalia appointment

IOL News

time16 hours ago

  • Politics
  • IOL News

ConCourt reserves Judgment in MK Party's case against Ramaphosa over Mchunu leave, Cachalia appointment

Constitutional Court heard MK Party's case against President Cyril Ramaphosa's decisions to place Police Minister Mchunu on special leave and also the appointment of Professor Firoz Cachalia. Image: Kamogelo Moichela/IOL Politics Constitutional Court has reserved judgment in a case brought by MK Party against President Cyril Ramaphosa, following his decision to place Minister Senzo Mchunu on special leave and the controversial appointment of Professor Firoz Cachalia as acting Police Minister. The case, heard in Johannesburg on Wednesday, centres on the legality and constitutionality of Ramaphosa's move to temporarily remove Mchunu after explosive allegations of political interference and unlawful conduct were made by KZN Police Commissioner Lt-Gen. Nhlanhla Mkhwanazi. The matter further challenges the President's subsequent decision to appoint Cachalia as acting Minister of Police — despite Cachalia not being a Cabinet member. Arguing on behalf of MKP, Advocate Dali Mpofu SC described Ramaphosa's actions as "unconstitutional and ultra vires." He told the court that Ramaphosa overstepped his constitutional powers by placing Mchunu on 'leave of absence' and then delegating his ministerial duties to someone outside Cabinet. According to Mpofu, these actions contravened Section 98 of the Constitution, which governs the appointment of acting ministers when a Cabinet member is absent or incapacitated. 'When the President said, 'I have decided to put Minister Senzo Mchunu on leave of absence with immediate effect,' and 'I have decided to appoint Professor Firoz Cachalia as acting Minister of Police,' these were definitive and final decisions,' Mpofu argued that these were not speculative intentions. 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 ✕ Now the President wants to backpedal and reinterpret his own words — creating unnecessary confusion and undermining constitutional clarity, he said. Pressed by Justice Owen Rogers on whether the President might hold implied authority to grant such leave, Mpofu firmly rejected that notion. 'The President does not have implied powers to place ministers on special leave. If the Constitution does not explicitly allow it, it is not permissible,' he said. MKP insisted that the President erred by appointing Cachalia, who is not a Cabinet member, as acting Police Minister. The post was temporarily held by Mineral Resources Minister Gwede Mantashe until Cachalia assumes duties on August 1. 'The appointment of Cachalia is plainly unlawful,' Mpofu said. 'Section 98 mandates that only a Cabinet member may be appointed to act in another's place. Ramaphosa's failure to comply is a breach of a constitutional obligation.' Mchunu's legal team responded by criticising the MK Party's assertions as presumptive and lacking legal merit. In their heads of argument, they said the MK Party had acted as if allegations against Mchunu — specifically that he lied to Parliament about his dealings with alleged criminal Brown Mogotsi — were proven facts. They argued that MKP sought to compel the President to summarily dismiss Mchunu based solely on unproven claims. The ConCourt reserved its judgment, indicating it would deliver a ruling at a later date. IOL Politics

Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt
Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt

Eyewitness News

time18 hours ago

  • Politics
  • Eyewitness News

Ramaphosa can fire Mchunu and reappoint him if he is cleared, MK lawyers argue in ConCourt

JOHANNESBURG - Lawyers for the uMkhonto weSizwe (MK) Party have argued that President Cyril Ramaphosa could fire Police Minister Senzo Mchunu amid the damning allegations against him and reappoint him if he is cleared. 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.

Parliament's register: What did Senzo Mchunu declare?
Parliament's register: What did Senzo Mchunu declare?

The South African

time20 hours ago

  • Business
  • The South African

Parliament's register: What did Senzo Mchunu declare?

Police Minister Senzo Mchunu declared receiving a cellphone valued at R20 000, a goat, and a blanket worth R2 350, according to the 2025 Parliament Register of Members' Interests. The Ambassador of the Republic of China gave Mchunu the cellphone, while the community of Onyango in Ulundi, KwaZulu-Natal, gave him the goat and blanket. These items were listed under the 'Gifts and Hospitality' section of the register, which requires all Members of Parliament (MPs) to disclose any gifts or benefits they receive. Parliament confirmed that the 2025 disclosure process saw 100% compliance by the deadline, with no MPs submitting late declarations. According to Item 12(7) of the Parliamentary Code of Ethical Conduct. MPs must declare their registrable interests within the first quarter of the financial year. These include gifts, property holdings, business interests, and other benefits that could lead to conflicts of interest. Parliament stated: 'The code promotes a culture of openness and accountability, and the release of the register is a bold step in building public trust and confidence. Furthermore, by ensuring accountability of public representatives, the release ensures credibility of the oversight work over the executive.' As outlined in Item 12(1) of the Code, the register consists of a public and a confidential section. The public section is now available for citizens to view online: Register of Members' Interests (Public Section). Mchunu declared no ownership of companies, partnerships, or business organisations. He also confirmed that he does not receive sponsorship from any private entities and has no trusts or income-generating assets to declare. In the property section of the register, Mchunu listed three landholdings: A 403-hectare farm in Vryheid An 812 m² residential property in Panorama, Empangeni A 512 m² property in Ngwelezane Township, Empangeni Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.

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