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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

time2 days 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.

Zuma, MK Party to challenge Ramaphosa's decision to place Mchunu on special leave
Zuma, MK Party to challenge Ramaphosa's decision to place Mchunu on special leave

Eyewitness News

time2 days ago

  • Politics
  • Eyewitness News

Zuma, MK Party to challenge Ramaphosa's decision to place Mchunu on special leave

JOHANNESBURG - A presidential battle will play out in the Constitutional Court on Wednesday morning as the uMkhonto weSizwe (MK) Party and its leader, former President Jacob Zuma, are set to challenge President Cyril Ramaphosa's recent decision to place Minister of Police Senzo Mchunu on special leave. The MK Party approached the apex court on an urgent basis, wanting Mchunu's suspension, the appointment of an acting minister, and the institution of a judicial commission of inquiry set aside. ALSO READ: Ramaphosa defends decision to appoint Firoz Cachalia as acting police minister Earlier in July, Ramaphosa made the decision based on an explosive media briefing by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. The MK Party will argue that while the Constitution is clear on the president's powers to appoint and fire ministers, there is no provision for placing a member of Cabinet on special leave. They said the only rational reason that Ramaphosa could have decided this for Mchunu is so that he keeps his salary and perks as a minister. But the president argues that while there is no explicit mention of special leave in the supreme law, he has implied ancillary powers. He said he cannot simply fire Mchunu based on untested allegations. Because Zuma and the MK Party are separate applicants in the matter, different lawyers will argue on their behalf before the bench.

Ramaphosa defends decision to appoint Firoz Cachalia as acting police minister
Ramaphosa defends decision to appoint Firoz Cachalia as acting police minister

Eyewitness News

time2 days ago

  • Politics
  • Eyewitness News

Ramaphosa defends decision to appoint Firoz Cachalia as acting police minister

CAPE TOWN - President Cyril Ramaphosa has defended his decision to appoint Firoz Cachalia as the acting police minister, saying it's to protect the integrity of law enforcement agencies and to safeguard public trust. In papers filed with the country's top court, Ramaphosa said the costs involved in extending his Cabinet by another member are also justifiable for these reasons. ALSO READ: - Ramaphosa expresses commitment to accelerate prosecutions in high-profile graft cases - MK Party challenge against Ramaphosa appointment of acting police minister looms - Ramaphosa says firing Mchunu based on untested allegations would be unfair, 'create a dangerous precedent' The president's recent decisions to place Minister of Police Senzo Mchunu on special leave, replace him with Cachalia and establish a commission of inquiry into allegations of corruption with the police are the subject of a legal challenge by the uMkhonto weSizwe (MK) Party, which is due to be heard in the Constitutional Court on Wednesday. Ramaphosa has denied treating Mchunu as an ally in forming his decision to place him on special leave, rather than firing him as suggested by the MK Party. Ramaphosa said to do so on untested allegations would destabilise the executive. He said he's acting within his constitutional powers to place a minister who's facing serious allegations on leave and not to assign him any powers. Ramaphosa added that placing a minister on special leave is not unprecedented, and that former Minister of Health Zweli Mkhize received the same treatment following allegations of impropriety related to COVID-19 procurement. 'Were I not empowered to suspend a minister pending the outcome of an investigation of allegations against him or her, I would be compelled in all cases, regardless of the circumstances, to dismiss that minister simply on the basis of allegations against him or her, even if they may, on investigation, turn out to be unfounded. This would unduly limit my powers to exercise my judgement on the merits of each case and to determine, based on the circumstances of each case, the appropriate course of action.' Ramaphosa said that appointing Cachalia using his executive powers, permitting a parliamentary outsider to serve in Cabinet, rather than to appoint an existing member to the job, is to protect the legitimacy and integrity of the criminal justice system.

Floyd Shivambu now slams MK Party as Jacob Zuma 'family stokvel'
Floyd Shivambu now slams MK Party as Jacob Zuma 'family stokvel'

IOL News

time4 days ago

  • Politics
  • IOL News

Floyd Shivambu now slams MK Party as Jacob Zuma 'family stokvel'

Former MK Party secretary-general Floyd Shivambu has denounced the uMkhonto weSizwe (MK) Party under Jacob Zuma as a 'family stokvel,' accusing its leadership of looting party coffers for personal gain. Shivambu, who is now the national convenor of the Mayibuye Consultative Process, had previously describing joining the MK Party as the best decision ever. After allegations he plotted against Zuma, Shivambu refused to resign and launched the Mayibuye consultation process to engage traditional and civic leaders across South Africa. He was speaking in Mpumalanga this weekend when he denounced the MK Party, the ANC and the EFF.

MK Party challenge against Ramaphosa appointment of acting police minister looms
MK Party challenge against Ramaphosa appointment of acting police minister looms

Eyewitness News

time4 days ago

  • Politics
  • Eyewitness News

MK Party challenge against Ramaphosa appointment of acting police minister looms

JOHANNESBURG - The president has until Monday to file answering papers in the uMkhonto weSizwe (MK) Party's challenge over appointing an acting police minister. The party is approaching the Constitutional Court urgently to have President Cyril Ramaphosa's decision overturned. Earlier in July, Ramaphosa placed Minister of Police Senzo Mchunu on special leave following allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. Mkhwanazi claimed Mchunu was linked to some key figures in an alleged criminal syndicate in Gauteng. ALSO READ: A presidential showdown is looming in the Constitutional Court, where the MK Party and leader Jacob Zuma's case against Ramaphosa will be heard. The MK Party seeks to invalidate Ramaphosa's decision to place Mchunu on special leave. The party wants this matter to be heard urgently as the appointment of Acting Police Minister Firoz Cachalia comes into effect on Friday. Ramaphosa has until 2 pm to file his answering papers before Wednesday's court battle. The MK Party wants the decision to suspend Mchunu and appoint Cachalia, as well as the establishment of a judicial commission of inquiry into Mkhwanazi's allegations, all declared irrational and inconsistent with the Constitution.

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