The ConCourt Court has struck down the MK Party’s urgent bid to overturn President Cyril Ramaphosa’s executive changes within the police ministry, ruling that the matter does not fall under its exclusive jurisdiction.
Justice Rammaka Mathopo, delivering judgment on Friday, confirmed that President Ramaphosa acted within his powers when he placed Police Minister Senzo Mchunu on leave and appointed Professor Firoz Cachalia as Acting Police Minister.
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“This is not a matter that falls within this court’s exclusive jurisdiction… nor is it one where the interests of justice favour direct access,” Justice Mathopo stated.
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The dispute arose after KZN Police Commissioner Lt-Gen Nhlanhla Mkhwanazi alleged that a criminal syndicate had infiltrated law enforcement, intelligence structures, and even the judiciary. These explosive claims implicated Minister Mchunu, accusing him of interfering with investigations.
In response, President Ramaphosa placed Mchunu on leave, appointed former Deputy Chief Justice Mbuyiseli Madlanga to head a Judicial Commission of Inquiry, and named Cachalia as Acting Police Minister.
However, former President Jacob Zuma and the MK Party argued the president’s actions were unconstitutional, irrational, and biased.
They claimed Cachalia’s appointment was invalid since he is neither a Cabinet member nor a Member of Parliament. They also argued that establishing a judicial inquiry undermined the principle of separation of powers.
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The Constitutional Court ruled that Ramaphosa’s decisions did not constitute a failure to meet constitutional obligations—a requirement for invoking the court’s exclusive jurisdiction under Section 167 of the Constitution.
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The justices highlighted the lack of urgency and insufficient supporting evidence in the MK Party’s application. They emphasized that the High Court is the appropriate forum for such challenges.
The application was dismissed, direct access denied, and costs reserved.
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