Should President Cyril Ramaphosa put corruption-accused police minister Senzo Mchunu on special leave – or just fire him already?
That was the thorny question before the Constitutional Court. Last week, we told you the MK Party had dragged Ramaphosa to the apex court over his decision to merely suspend Mchunu, following bombshell claims by KZN police boss Nhlanhla Mkhwanazi of political interference in police investigations. This week, we got to hear their arguments.
The MKP says Ramaphosa has fired ministers before using his presidential prerogative – why not now?
MKP legal representative Dali Mpofu told the court yesterday the president’s excuse – that he’s waiting for the outcome of a commission of inquiry – just doesn’t fly. Mpofu argued that Ramaphosa has a track record of sometimes ignoring the outcomes of commissions. And, well… controversial as he is, he might have a point. Just this week, former chief justice Raymond Zondo said it pained him to swear in ministers who were implicated in the very state capture inquiry he led.
“It was like the president was saying, ‘I don’t care what you have found about these people. I think they are good enough to be promoted,’” Zondo said.
The ConCourt late on Thursday afternoon unanimously dismissed the MKP’s challenge to Mchunu’s special leave and the institution of the Madlanga Inquiry. The party can still launch their challenge in the High Court.
Regardless of this decision, Constitutional law expert Pierre de Vos says the MKP may have a point in part of their arguments, avoiding their usual conspiracy theories for once. While Firoz Cachalia is an excellent choice for acting police minister, if his appointment – due to start tomorrow – is later ruled invalid, every decision he made could also be invalid. That’s a whole mess nobody wants.
Meanwhile, the inquiry into Mkhwanazi’s claims – led by soon-to-retire deputy chief justice Mbuyiseli Madlanga – has officially kicked off, Madlanga announced on Monday. He added that the R147.9 million budget is “adequate.” We’d hope so!
And in classic headline-hunting fashion, EFF leader Julius Malema has invited Mkhwanazi to join the red party if he’s pushed out over all this. But with Mkhwanazi’s growing fanbase, we doubt he’ll be needing a political lifeline. Mchunu, though, may want to start dusting off his CV. 😆
