Former President Jacob Zuma and the MK Party are back in court, challenging President Cyril Ramaphosa's decisions regarding the police ministry. Two separate cases are set to be heard in September, focusing on the appointment of an acting minister and the establishment of a commission of inquiry.
Zuma's Challenge to Mchunu's Leave and Cachalia's Appointment
Zuma is seeking to overturn Police Minister Senzo Mchunu's leave and the subsequent appointment of Firoz Cachalia as acting minister. The case, initially scheduled for a hearing in the Pretoria High Court, has been set for September 18th in the special motion court. Zuma's legal team argues that Ramaphosa's actions are unlawful and should be set aside.
MK Party's Constitutional Challenge
Simultaneously, the MK Party is launching a separate legal challenge against Cachalia's appointment as acting police minister in the Gauteng High Court. The party contends that Ramaphosa's decision violates several sections of the Constitution, including 83(b), 91(3), and 92(3)(a), arguing there is no provision for an acting minister within the executive framework. This urgent application seeks to declare Ramaphosa's actions unconstitutional and invalid.
The MK Party also opposes the establishment of a commission of inquiry into allegations made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi, claiming it is unconstitutional and duplicates existing investigative bodies. This marks the second attempt by the MK Party to challenge these decisions, following a dismissal by the Constitutional Court on July 31, 2025, on procedural grounds.
What's Next?
Both cases are expected to draw significant attention, raising questions about presidential powers and the interpretation of the Constitution. The outcomes could have far-reaching implications for the stability of the police ministry and the ongoing political landscape in South Africa. Stay tuned for updates as these cases progress through the courts.