Constitutional Court Rejects Former President’s Application Against Ramaphosa’s Ministerial Move
Natalie Nyathi
The Constitutional Court of South Africa has dismissed an application brought by the uMkhonto weSizwe (MK) party and its leader, former President Jacob Zuma, against President Cyril Ramaphosa’s decision regarding the Police Minister. The court’s ruling, delivered on July 31, 2025, effectively allows Professor Firoz Cachalia to be sworn in as Acting Police Minister on August 1, 2025.
The legal challenge stemmed from President Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave amidst serious allegations of corruption and collusion with criminal syndicates. These allegations were brought forward by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. In response to the accusations, Ramaphosa not only placed Mchunu on leave but also appointed Professor Firoz Cachalia as Acting Minister and established a Judicial Commission of Inquiry to investigate the claims.
The MK Party contested all three of these actions, questioning the legality of the commission and the process by which Mchunu was placed on leave and Cachalia was appointed. They argued that Ramaphosa overstepped his constitutional powers. Advocate Dali Mpofu, representing the MK Party, contended that the President’s actions violated Section 98 of the Constitution.
However, the Constitutional Court, in a decision read out by Justice Rammaka Mathopo, found that the matter did not fall within its exclusive jurisdiction and that the applicants had failed to make a case for direct access. The court emphasized that not every dispute involving presidential powers should automatically be escalated to the Constitutional Court. “The application does not engage the court’s jurisdiction, and no case has been made for direct access,” said Mathopo. The court reserved the decision on costs, and full reasons for the order will be provided at a later date.
In response to the ruling, the MK Party expressed its dissatisfaction, with spokesperson Nhlamulo Ndhlela suggesting that the court’s decision was unjust. He also implied that the judiciary was implicated in wrongdoing and hinted at the possibility of protests. Advocate Mpofu indicated that the party’s legal team would study the judgment and consider further options.
The allegations against Mchunu include claims that he interfered with sensitive police investigations and colluded with business people, including a murder accused, to disband the Political Killings Task Team based in KwaZulu-Natal. Ramaphosa has stated that these allegations, if proven true, could undermine public confidence in the South African Police Service. He defended his decision to appoint Cachalia, stating that it was necessary to protect the integrity of the criminal justice system.
With the Constitutional Court’s dismissal of the MK Party’s application, Professor Firoz Cachalia is now set to be sworn in as Acting Police Minister. Cachalia, a respected scholar of constitutional law, previously presented Ramaphosa with a comprehensive report on South Africa’s anti-corruption framework.
Meanwhile, the Madlanga Commission of Inquiry is expected to commence its work, investigating the allegations against Mchunu. The commission is tasked with submitting an interim report within three months and a final report within six months.
