Jacob Zuma’s party, the uMkhonto Wesizwe (MK) Party, has taken President Cyril Ramaphosa to the Constitutional Court to challenge his decision regarding the Police Minister, Senzo Mchunu.
Geofrey Mphaphuli, in his capacity as the acting head of legal and executive services for the Presidency, responded to the letter of demand from the MK Party’s lawyers regarding the suspension of Senzo Mchunu.
Mphaphuli stated that the Presidency would not be acquiescing to the demands. He argued that the MK Party’s complaints were “premature, ill-informed and misplaced”. He further indicated that any approach to the courts by the MK Party would similarly be affected by these issues, primarily because the terms of reference for the commission of inquiry were yet to be published in the government gazette, and the appointment of Professor Firoz Cachalia as acting minister had not yet been finalised.
Here are the details:
- The Subject of the Challenge: The MK Party is specifically challenging President Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave and to appoint Professor Firoz Cachalia as the acting Police Minister, effective August 1, 2025.
- Why Senzo Mchunu was Suspended/Placed on Special Leave: Mchunu was placed on special leave following serious allegations of corruption and political interference by KwaZulu-Natal (KZN) Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi. Mkhwanazi accused Mchunu of colluding with criminal syndicates, disbanding a task team investigating political killings, and interfering in high-profile investigations.
- Ramaphosa’s Response: In response to these allegations, President Ramaphosa established a Judicial Commission of Inquiry to investigate the claims. The commission is expected to deliver an interim report within three months and a final report within six to twelve months. Mchunu has welcomed the inquiry and pledged his cooperation.
- MK Party’s Arguments: The MK Party, along with other opposition parties, argues that Ramaphosa’s decision to place Mchunu on “special leave” is insufficient and potentially unconstitutional.
- They contend that Ramaphosa should have fired Mchunu outright, rather than simply putting him on paid leave, which they view as an abuse of state resources and a “cowardly deflection” designed to shield a “corrupt minister.”
- The MK Party is also seeking to set aside the appointment of Professor Cachalia as acting minister.
- They argue that Ramaphosa should have used existing crime-fighting institutions to investigate Mchunu instead of appointing a commission, which they see as a way to “buy time and avoid accountability.”
- Current Status: The MK Party has approached the Constitutional Court, seeking an urgent hearing before the end of July 2025 to have Ramaphosa’s decision set aside. The ANC Secretary-General has indicated that the ANC is unfazed by the Constitutional Court challenge and that Mchunu will continue to attend ANC duties.
