Latest news with #Mchunu
IOL News
2 hours ago
- Politics
- IOL News
Controversy over Police Minister's leave: EFF files legal challenge against Ramaphosa
President Cyril Ramaphosa responds to serious allegations linking Police Minister Senzo Mchunu to criminal activities. Image: IOL Graphics The EFF has served President Cyril Ramaphosa with a legal letter challenging his decision to place embattled Police Minister Senzo Mchunu on special leave. This move comes after allegations of corruption were made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi. The EFF contends that Ramaphosa does not have the constitutional power to put a cabinet minister on leave of absence, instead suggesting he should relieve Mchunu of his duties. The EFF isn't the only party questioning Ramaphosa's decisions, with the uMkhonto weSizwe (MK) Party also indicating that it's drafting papers for a Constitutional Court challenge, and the DA confirming that police is now investigating the criminal complaint it lodged against Mchunu Video Player is loading. 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Next Stay Close ✕ Mkhwanazi accused Mchunu of interfering with sensitive police investigations and colluding with businesspeople to disband the Political Killings Task Team in KwaZulu-Natal. In response, Ramaphosa established a Judicial Commission of Inquiry to investigate these allegations, which is expected to take between six to twelve months. Mchunu has been placed on leave of absence with Professor Firoz Cachalia appointed as acting Minister of Police effective August 1. In the letter sent by England Slabbert Attorneys on behalf of the EFF, the party highlights several points that include the lack of constitutional power. 'The President does not have the power under Section 91(2) of the Constitution to place a Minister on leave. 'A Minister without powers or functions is unlawful as the Constitution requires Ministers to be assigned powers and functions. 'Placing Mchunu on special leave while he continues to draw a ministerial salary, alongside appointing an acting Minister, is seen as an abuse of state resources,' the letter read. "The decision is not only illegal, it is also a flagrant abuse of state resources. It allows Senzo Mchunu to continue drawing a full ministerial salary under the guise of 'special leave'...' the letter continued. The Red Berets demanded that Ramaphosa provide certain information by Monday, July 21, regarding Mchunu's powers and functions during his leave; the pecuniary benefits Mchunu will receive; and the rationale behind the decision to place Mchunu on leave or face further legal action. The letter further asked for reasons why the President placed Mchunu on leave and the reasons why the President, in light of Mkhwanazi's allegations, decided not to dismiss Mchunu. Presidency spokesperson Vincent Magwenya did not respond to questions whether the president was preparing to challenge the EFF's court action. The MKP also intends to draft papers for a Constitutional Court challenge against Ramaphosa's decision while the DA has expressed concerns about the decision, emphasising the need for accountability and warning that commissions of inquiry might be used to delay action. Meanwhile, the DA confirmed that the criminal case the party lodged against Mchunu last week was under investigation. In a statement this week the party's deputy Chief Whip in Parliament, Baxolile Nodada, said a senior Lieutenant Colonel has been assigned as investigating officer in the criminal matter against Mchunu, marking the seriousness with which the SAPS is treating the case. 'The DA has provided the SAPS with a full account on the affidavit of the conduct of Minister Mchunu, for them to begin their investigation. 'Senzo Mchunu, as all other South Africans, must abide by the laws of South Africa – and where laws are broken, criminal investigations must follow. 'Misleading Parliament, lying and fraudulent cover ups cannot be tolerated from ANC Ministers. 'They are serious offences. Parliament is the structure to which the Executive must account honestly, and truthfully,' said Nodada. Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
Daily Maverick
a day ago
- Politics
- Daily Maverick
MPs recommend that ad hoc committee probes Mkhwanazi's allegations within 90 days
A joint committee meeting in Parliament has also recommended that the committee should identify any legislative or policy failures that may have contributed to the policing crisis. Parliament's police committee chair, Ian Cameron, says the formation of an ad hoc committee to probe KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi's allegations of police corruption is a 'positive process'. Cameron was speaking at the Cape Town Press Club on Tuesday, 22 July, about the policing scandal that has exposed rival factions in South Africa's law enforcement arena. Watch: Inside Mkhwanazi's claims: South Africa held hostage by criminal cartel A joint meeting of Parliament's police committee and its justice and constitutional development committee on Tuesday agreed to adopt their report recommending to the National Assembly that an ad hoc committee be formed to investigate Mkhwanazi's allegations. The decision followed a directive from National Assembly Speaker Thoko Didiza earlier this month asking the committees to come up with an appropriate approach to oversight concerning the allegations. The committees had considered options including conducting a full investigative inquiry under the Powers, Privileges and Immunities Act and exercising their conferring powers in terms of National Assembly Rule 169 — which dictates how committees can or must consult or meet with each other. Ultimately, it decided on the ad hoc committee because it is 'task-specific and time-bound'. 'The Committees are acutely aware of the need for the National Assembly to ensure an expeditious process. The Committees, therefore, recommend the establishment of an ad hoc Committee in accordance with National Assembly Rule 253,' stated the report. 'This is because the scope of an ad hoc committee is task-specific and time-bound, contrary to the general oversight function of portfolio committees, which, in contrast, is ongoing and often requires juggling competing priorities.' The recommendation of an ad hoc committee comes after Mkhwanazi held a press conference on 6 July and claimed that a drug cartel in Gauteng was controlling a high-level criminal syndicate that extended into the South African Police Service, the Police Ministry, Parliament, official prison structures, the judiciary and other law-enforcing authorities. He also alleged that Police Minister Senzo Mchunu, along with several other figures, including the deputy national commissioner for crime detection, Lieutenant General Shadrack Sibiya (who has since been told to take special leave), had undermined investigations into political killings and organised crime. President Cyril Ramaphosa has since announced that a judicial commission of inquiry will probe Mkhwanazi's allegations, and placed Mchunu on leave with immediate effect. Mineral Resources Minister Gwede Mantashe is filling Mchunu's position until August, when Firoz Cachalia, the National Anti-Corruption Advisory Council's chairperson and former Gauteng community safety MEC, will take over. Cameron said Ramaphosa's response to Mkhwanazi's allegations felt 'like burying one's head in the sand'. 'None of these inquiries or judicial commissions have really shown any form of result — apart from destroying tax coffers. [They haven't] shown any form of real justice,' said Cameron. Good result However, Cameron said he was 'confident' that the ad hoc committee in Parliament could 'have a good result'. 'It depends on how the Speaker also structures it — we don't have a direct say over that. Then that ad hoc committee would sit and determine their terms of reference, and obviously that is the critical part,' he said. 'We don't want to unnecessarily have duplication over anything that the commission is doing, but I think Parliament is already perfectly positioned to do the relevant interrogation of many of the allegations that have been made, and hopefully then we would be able to see quicker results and recommendations.' Cameron said the report was expected to be tabled in the National Assembly on Wednesday, 23 July. The committees have recommended that the ad hoc committee process be concluded within 90 days from it being formed. 'We have recommended three months for the ad hoc committee process, and hopefully we'd be able to get through it in that time. I don't think it needs to take much longer for the scope of what we would look at,' said Cameron. While the terms of reference are expected to be decided only once the ad hoc committee has been formed, the committees, in their report to the National Assembly, have recommended that, in addition to Mkhwanazi's allegations, 'consideration is given to identifying any legislative and/or policy failures or gaps that may have contributed to this matter'. DM
The Citizen
a day ago
- Politics
- The Citizen
‘Same as Phala Phala' – Police committee member not optimistic about Mchunu investigations
Skosana further expressed no confidence in the investigation being conducted by the Office of the Public Protector. The portfolio committee on police and the portfolio committee on justice and constitutional development officially adopted their report, recommending to the National Assembly that an ad hoc committee be established to consider allegations made by KwaZulu-Natal police commissioner, Lieutenant General Nhlanhla Mkhwanazi. The committees held a joint meeting on Tuesday, during which they agreed that an ad hoc Committee was the most effective parliamentary mechanism for fully investigating Mkhwanazi's allegations. The report further proposed that the National Assembly establish the committee within three months. Mchunu allegations a 'constitutional crisis' 'What makes this matter urgent is that the issue of the law will be heavily challenged,' said committee member and MK party MP David Mandla Skosana. 'Solomon Mahlangu was hanged because of the so-called law, and General Mkhwanazi went out and said he wants to see justice prevail, and society is waiting for us. If the legal opinion comes against us, we must have a Plan B, because we can't sing the same song like in the 1940s, 1960s and 1970s. ALSO READ: Senzo Mchunu investigation will take longer to finalise, says Public Protector 'We are the seventh administration. We must see this thing succeed, irrespective of all these other bureaucratic issues, which we will have to address in this matter.' 'Public Protector investigation' Skosana further expressed a lack of confidence in the investigation being conducted by the Office of the Public Protector. Public Protector Kholeka Gcaleka was special advisor to Mchunu when he was Minister of Public Service and Administration. ALSO READ: Mchunu denies ties to Cat Matlala, as tenderpreneur bust with cellphone in prison 'The country is in crisis. For us to say the public protector will come up with something, I can tell you, it will be the same song as in Phala Phala and what we have seen in other matters, because people are closing ranks here,' said Skosana. 'It's painful for some of us to say these things here, to say we know the end product is. We should go into this matter with our eyes wide open. We have already seen utterances in the media. The suspended minister has now said things, and the so-called appointed minister. 'We have a constitutional crisis in this country, and we must accept that it's not going to be smooth sailing. I don't have confidence in the so-called commission because at the end of the day, once there is politics at play here, there is no justice. What is going to happen at the end of the day is exactly what happened with the Phala Phala report. WATCH: Mbalula warns of deepfake video falsely claiming he said Senzo Mchunu is guilty 'In this issue, we need justice, because if our law is not going to restore dignity and the public trust in the Saps [South African Police Service] and the judiciary, then we're just buying time, and it's just optics. We need to get to the bottom of this. There should not be anything between us and the truth.' 'Code of ethics' On Thursday, 10 July, the Public Protector confirmed its investigation into Mchunu, as requested by the African Transformation Movement (ATM). 'In line with section 3(1) of EMEA, which provides that the Public Protector must investigate any alleged breach of the code of ethics on receipt of a complaint contemplated in section 4, you are hereby advised that the Public Protector has initiated an investigation into the allegations you have raised,' the office said. ALSO READ: Mchunu denies ties to Cat Matlala, as tenderpreneur bust with cellphone in prison The party laid at least four complaints against Mchunu, including allegations of enabling interference by outside parties in Saps operations, irregularly disbanding the Political Killings Task Team, unduly delaying and derailing investigations and a conflict of interest in the awarding of a R360 million Saps contract to Matlala. However, the Public Protector cautioned that the investigation into the matter would not be finalised within 30 days, 'due to the number of issues raised in your complaint'. 'The Public Protector will therefore submit a report when the investigation has been finalised. 'We commit, in the circumstances, to make every effort to expedite the finalisation of the investigation and will accordingly continue to keep you apprised of the progress thereof.' READ NEXT: Magashule says Mchunu should step aside, but ANC says there is no need for that
The South African
3 days ago
- Politics
- The South African
Mbalula: Mchunu will not step aside from ANC duties
ANC Secretary-General Fikile Mbalula has made it clear that Police Minister Senzo Mchunu, currently on special leave from government, will not step aside from his roles within the African National Congress (ANC). Mbalula addressed the media yesterday on the sidelines of the ANC National Working Committee (NWC) meeting in Cape Town, where the NWC reviewed ANC structures in the Western Cape. Despite being placed on special leave, Mchunu attended the meeting. Mbalula stated that the ANC's step-aside rule only applies to individuals who face criminal charges. 'The President has put Senzo aside with immediate effect. You can question how that has happened, but he is aside. We have an acting minister chairing the meeting inside. I repeat, Senzo will not step aside in relation to the ANC. He is an elected member, and he has the right to state his side of the story under the Audi Alteram Partem principle,' Mbalula explained. An independent judge and a judicial commission appointed by the president will evaluate the matter, Mbalula added. 'Once we listen to that and assess the facts, we can pass judgment. Let's allow the process to follow,' he said. Mbalula dismissed concerns about the Constitutional Court challenge launched by the MK Party against President Cyril Ramaphosa's decision to place Mchunu on special leave. He stressed that Ramaphosa acted correctly in handling the allegations of political interference levelled against Mchunu by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. 'What the president has done to process these allegations is the right thing to do in a constitutional democracy. We, as the ANC, support that decision. The concerns raised by the General are receiving full attention,' Mbalula said. 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.
The Citizen
3 days ago
- Politics
- The Citizen
Is the leader of the GNU lost at sea? : Ramaphosa's leadership style questioned
Many South Africans have expressed disappointment with the manner Ramaphosa dealt with the Mchunu allegations. President Cyril Ramaphosa is losing the country. His hold on it is unravelling like a ball of frayed string rolling downhill. The government of national unity, which had vowed to rescue South Africa, is dysfunctional, largely because of the president's appalling lack of leadership. Unprecedented depths of economic and social distress have heightened public discontent and one senses that it needs just a spark to erupt. The ever-faster cascade of events has punctuated the president's customary sang-froid. He has made foolish decisions and he has been caught in fabrications that he should have realised were bound to be exposed. Lieutenant-General Nhlanhla Mkhwanazi's explosive allegations about political meddling, cadre deployment and institutional capture in law enforcement and the justice system left Ramaphosa flat-footed. It says much about how out of touch Ramaphosa has become that, despite the gravity of Mkhwanazi's allegations, he genuinely seemed to think he could shield his close ally, police minister Senzo Mchunu and deputy national commissioner Shadrack Sibiya. Public outrage swiftly made his stance untenable. As Mchunu's stand-in, Ramaphosa chose Prof Firoz Cachalia. A respected academic who, on paper, looked like a safe choice, Cachalia arrives with baggage of his own. When Mkhwanazi earlier this year went public for the first time with claims of political meddling, Cacha lia accused him of 'public grandstanding' and urged him to stick to the internal police channels that he had accused of corruption. But the comedy continues. Farcically, the portfolio in the meantime has been handed to Gwede Mantashe, the most compromised but longest-serving minister Ramaphosa has had. It's during all this slapstick that Minister in the Presidency Khumbudzo Ntshavheni deemed it to be an opportune to release the 2024-2028 National Security Strategy assessment, which confusingly concludes that, despite political assassinations, incipient terrorism, violent extremism, economic sabotage and ram pant corruption, South Africa is a stable and secure nation. She then went on to make some extraordinary remarks at the press conference about a potential coup d'état. 'There is,' Ntshavheni told the increasingly bewildered journalists, 'a potential risk of a coup d'état. We have identified it and put measures in place to mitigate against it. So, that's why we say to South Africans that there will not be anyone attempting to do a coup in South Africa.' ALSO READ:'Cyril must fall': Organisations march against Ramaphosa to Union Buildings on Mandela Day In the past few days or in the past few weeks, there has not been anyone attempting to do a coup in South Africa. That does not mean people are not planning one. Or, as Lewis Carroll put it with greater elegance and far less chance of rocking national confidence: 'If it was so, it might be. And if it were so, it would be. But as it isn't, it ain't.' Unfortunately for Ramaphosa, his other pet project, the National Dialogue, is not going to save the day for him. To many, it's just the latest manifestation of Ramaphosa's preference for symbolism over action. Even ANC legacy foundations, long accustomed to wielding quiet influence behind the scenes, are now publicly voicing their frustration. This week, the Walter and Albertina Sisulu Foundation issued a blistering statement, warning that Ramaphosa's habit of 'preaching dialogue while insulating political elites from accountability' amounts to little more than political theatre. The foundation charged that his leadership – tarnished by the still unresolved Phala Phala scandal – 'contradicts the very principles his administration claims to uphold'. The foundation's conclusion was stark: it's time for Ramaphosa to resign. NOW READ: What now for Senzo Mchunu? Police minister's political career on the ropes
