The uMkhonto weSizwe (MK) Party, led by former president Jacob Zuma, has approached the Constitutional Court to challenge President Cyril Ramaphosa’s recent suspension of Police Minister Senzo Mchunu.
The legal challenge follows serious allegations made by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi, who claimed that Mchunu had attempted to meddle in ongoing police investigations. The MK Party argues that the president’s actions are unconstitutional and must be overturned.
During a national address last Sunday, President Ramaphosa announced that Mchunu was being placed on suspension. He also revealed plans to establish a judicial commission of inquiry—chaired by acting Deputy Chief Justice Mbuyiseli Madlanga—to examine Mkhwanazi’s accusations. Law professor Firoz Cachalia was named as Mchunu’s temporary replacement, effective from August 1. In the interim, Ramaphosa appointed Minister of Mineral and Petroleum Resources Gwede Mantashe to serve as acting police minister with immediate effect.
In the court application, filed urgently, the MK Party calls for all three executive actions—the suspension, the interim appointment, and the establishment of the inquiry—to be nullified. The party describes Ramaphosa’s decisions as “irrational” and “invalid,” claiming they breach his constitutional duties and violate his oath of office.
“The president’s decision to establish a judicial commission of inquiry is inconsistent with the obligations under section 83(b) of the Constitution and the presidential oath of office, in conjunction with sections 84(2)(f), 177, 178(4), and 180,” the legal filing states.
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The applicants in the case are Zuma and the MK Party, with Ramaphosa, Mchunu, Mantashe, Cachalia, and Madlanga listed as respondents. The MK Party is demanding that the president issue constitutionally sound decisions within 15 days.
According to the filing, the respondents have until 10am on Monday to indicate whether they intend to oppose the application, and until 5pm on Tuesday to file their responses. The MK Party will submit its reply by Thursday, with final legal arguments from all parties due by Friday.
Meanwhile, on Friday, MK Party supporters gathered at the Union Buildings and police headquarters in Pretoria to deliver memorandums demanding Mchunu’s prosecution and calling for protections for Mkhwanazi. Similar demonstrations were held across the country earlier in the week, with the party vowing to continue its protest action in the days ahead.