Latest news with #SenzoMchunu
IOL News
14 hours ago
- Politics
- IOL News
MKP ponders its next move after Concourt dismisses case on Mchunu, Madlanga commission
The uMkhonto weSizwe Party has threatened to take to the streets following the ruling made by the Constitutional Court on Thursday, which unanimously dismissed MK President Jacob Zuma and MKP's application to set aside President Ramaphosa's decision to place Minister of Police Senzo Mchunu on suspension. Image: Timothy Bernard/Independent Newspapers The uMkhonto weSizwe Party (MKP) has threatened to take to the streets following the ruling made by the Constitutional Court, which has unanimously dismissed the party's case challenging President Cyril Ramaphosa's decision to put police minister Senzo Mchunu on leave of absence, appoint Prof Firoz Cachalia as acting police minister and establish the Madlanga commission of inquiry. The decision of the court, which has denied Zuma and the party direct access, after the party approached the apex court to challenge the appointment of Cachalia as acting police minister and Mchunu's being placed on a leave of absence, has not been welcomed with its spokesperson, Nhlamulo Ndhlela saying the party will let South Africans determine their next cause of action. Ramaphosa placed Mchunu on special leave after serious allegations by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi that he colluded with a criminal syndicate, accepted illicit payments, interfered in investigations and disbanded a specialised task force into political killings. 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 Next Stay Close ✕ Ad Loading The court ruled that the MKP had erred when it took the matter to the apex court, adding that the matter failed to engage the court's exclusive jurisdiction. Justice Rammaka Mathopo said no case had been made out for direct access to the Constitutional Court and that full reasons for the order would follow. "It is clear that the application of the law in this country has eyes, and unfortunately, this is something that the people of South Africa must take into their own hands. We might have to consider taking the matter to the street. However, to be honest, this is a travesty of justice. We will have to consult as this is a very serious issue, as to what the next steps are. But in this country, to be honest, more than anything else, this is a travesty of justice," said Ndhlela outside court. Reacting to the judgment, MKP legal representative Dali Mpofu indicated that the party's legal team would be studying the judgment while also considering some of the options the team and the MKP leader have before making a final determination. "It's a shock. However, we will be consulting with our client. I can't deal with the merits of the case now for obvious reasons. No case is pending as we speak. I do not know what is going to happen concerning this matter. We might return to this court, or we might go elsewhere. "The only issue that I can comment on is the fact that the issue of direct access seems to be confusing for everyone. Direct access is only meant for cases that should otherwise be going to the high court. That question does arise in this case. That question could have been asked on the Nkandla case, and when we were here on a secret ballot and an impeachment case. But most of all, it should have been asked when the Zondo commission came here directly, but nobody seems to have asked those questions," he stated. Reacting to the judgment, constitutional law expert Richard Spoor indicated that the Constitutional Court places a premium on its jurisdiction and it was expected that the case would be dismissed. "It was expected that the case would be dismissed. All I can say is that this happens quite frequently. The Constitutional Court is very jealous of which cases it allows to come to it. It is not going to hear every case that comes its way. It will look into whether the matter is of any constitutional significance. If it is not, it will dismiss it. It is not surprising, as this court is overloaded, and you have to make a very good case to approach it directly," he said. Reacting to the judgment on social media, former Eskom CEO, Matshela Koko said:" This is the same Constitutional Court that granted Justice Zondo direct access and allowed Zuma to be jailed without trial. Zondo was not asked why he did not go to the magistrate's court first."
Mail & Guardian
a day ago
- 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.
The South African
2 days 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.
IOL News
2 days ago
- Business
- IOL News
Embattled Police Minister Mchunu gifted R20K phone, goat, and blanket in 2025 disclosures
A R20,000 cellphone and a goat, and a blanket valued at R2,350 were the only gifts embattled police minister Senzo Mchunu received. This was revealed in the 2025 Parliament's Register of Members' Interests. Listed under 'Gifts and Hospitality', Mchunu declared that he had received the phone from the Ambassador of the Republic of China and the goat and blanket from the community of Onyango in Ulundi, KwaZulu-Natal. The register is a public document that contains information about the financial and other interests of Members of Parliament (MPs). It attempts to increase openness, accountability, and public trust in the legislative process by requiring MPs to declare any conflicts between their public obligations and private interests. Mchunu is currently on special leave after KZN Police Commissioner Lieutenant General Nhlanhla Mkhwanazi also alleged that he disbanded a task force that was set up to investigate political killings in the province. The African National Congress (ANC) veteran did not declare ownership of any companies, businesses, or partnerships. Mchunu also claimed that he is not a member of a business organisation, nor is being sponsored by any entity.
TimesLIVE
3 days ago
- Politics
- TimesLIVE
Mchunu and Zondo lay bare what's holding South Africa back
Suspended police minister Senzo Mchunu reportedly insisted Lt-Gen Nhlanhla Mkhwanazi should have addressed his concerns with him before he made the public statements that led to the minister being put on special leave. This, as we have witnessed in the past, is the modus operandi of the ANC comrades. Time and again we learn of political figures in hot water, yet when it is time to face the music, most seem to just slip through the cracks faster than water disappearing in the desert sand. Political figures would tip each other off, toe the party line in protecting friends and colleagues, to the detriment of South Africa. Who is to say, why the minister would have insisted that Mkhwanazi first address these issues with him in private, whereas according to the esteemed general, the minister is at the centre of the problems in SAPS and crime intelligence specifically. As we have seen with Phala-Phala and other dubious activities at the highest levels, this would have been talked through in private and swept under the rug, leaving the minister and all others embroiled in the Mkhwanazi matter free to continue business as usual. Thankfully that was not the case this time around, because Mkhwanazi is dedicated to his job and loyal to South Africans and not 'the party'. For too long we have suffered the curse of holy cows in politics and government generally. Judge Raymond Zondo also lamented having to swear in politicians who had been implicated as having direct or indirect corrupt activity as per the Zondo commission. What is surprising is that the judge chose business as usual at the time and did not call out President Cyril Ramaphosa when it mattered. Only now does the judge feel it necessary to take the country into his confidence and speak out about something about which we have all been wondering.
