ConCourt Dismisses MK Party and Zuma’s Urgent Bid to Block Ramaphosa’s Decisions on Police Minister Mchunu
The Constitutional Court has dismissed the urgent application by former President Jacob Zuma and the MK Party to set aside President Cyril Ramaphosa’s decision to place Minister Senzo Mchunu on special leave and appoint an acting minister, dealing a blow to their challenge against what they called unconstitutional actions in handling serious allegations against the police boss.
In a unanimous ruling handed down on Thursday, 31 July 2025, the Constitutional Court refused direct access to the MK Party and Zuma, stating that the application did not engage the court’s jurisdiction and no strong case was made for skipping lower courts. Justice Rammaka Mathopo delivered the short order, with full reasons to be provided later, and costs reserved. This outcome allows Prof Firoz Cachalia to step in as acting police minister from Friday, 1 August 2025, and clears the path for a judicial commission of inquiry to probe the claims against Mchunu without delay.
Explosive Allegations That Sparked the Crisis
The drama began earlier in July 2025 when KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi dropped bombshell accusations against Police Minister Senzo Mchunu during a press briefing. Mkhwanazi claimed Mchunu had ties to criminal syndicates, received payments from a corruption suspect, and disbanded a special police unit meant to investigate political killings. He backed his claims with digital evidence like WhatsApp messages, alleging Mchunu interfered in sensitive probes to shield powerful people from prosecution.
Mkhwanazi’s statements painted a picture of deep-rooted corruption within the police service, suggesting Mchunu colluded with gangs and even lied about his links to a suspect named Mogotsi. These claims shocked the nation, especially in KwaZulu-Natal, where crime and political violence have long been major issues. Mchunu quickly hit back, calling the allegations “baseless” and saying they caught him off guard. He denied any wrongdoing, insisting he had no role in protecting criminals or meddling in investigations.
In response, President Cyril Ramaphosa acted swiftly on 13 July 2025. He placed Mchunu on special leave with full pay and benefits, saying it was needed to keep stability in the police ministry while the claims were looked into. Ramaphosa stressed that the allegations were serious but unproven, so he could not fire Mchunu without a proper probe. To fill the gap, he appointed Prof Firoz Cachalia, a respected constitutional law expert from Wits University and former MP, as acting minister. Cachalia’s role was set to start on 1 August, giving time for the handover.
Ramaphosa also set up a commission of inquiry, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga, to dig into Mkhwanazi’s claims. The commission has a tight timeline to ensure a quick and fair look at the matter, focusing on whether Mchunu’s actions harmed police work or broke any laws. This move aimed to restore trust in the police force, which has faced criticism for corruption and inefficiency.
The allegations did not stop at words. The Democratic Alliance (DA) laid criminal charges against Mchunu, calling for a full investigation. The Inkatha Freedom Party (IFP) also weighed in, urging strong action to clean up the police ministry. Communities in KwaZulu-Natal, tired of gang violence and poor policing, welcomed the probe but worried about delays in fighting crime.
MK Party and Zuma’s Legal Fight
Not everyone agreed with Ramaphosa’s approach. Former President Jacob Zuma and his uMkhonto weSizwe (MK) Party rushed to the Constitutional Court with an urgent application. They wanted the court to cancel Mchunu’s special leave, block Cachalia’s appointment, and stop the Madlanga commission. The MK Party argued that the Constitution does not give the president power to put a minister on “special leave” or appoint someone outside Cabinet as acting minister.
In their court papers, Zuma and the MK Party said Ramaphosa should either keep Mchunu in his job or dismiss him outright – not keep him on paid leave while naming a stand-in. They called the setup “irrational” and a waste of taxpayer money, pointing out the costs of running a commission that could run into millions or even billions of rands. The party also questioned the Madlanga commission, saying it was wrong for a sitting judge to lead it because the allegations touched on judicial corruption, which could create conflicts.
MK lawyer Dali Mpofu SC told the court this was a matter of “utmost public importance” that needed direct handling by the highest court. He warned that going through lower courts could take years, leaving the country in chaos. Another MK advocate, Anton Katz SC, said allowing such leaves could lead to half the Cabinet on paid breaks if more claims popped up, causing confusion with multiple acting ministers.
The MK Party pushed for urgency because Cachalia was due to start work soon. Outside the court, MK youth leader Bonginkosi Khanyile slammed the special leave as a “holiday” at public expense and called for Mchunu’s arrest instead. MK deputy president Lincoln Machaba said they would wait for the ruling before deciding next steps, hinting at possible protests or further legal action.
Ramaphosa’s Defence and Court Hearing
President Ramaphosa’s team fought back hard. Lawyers Kate Hofmeyr SC and Ngwako Maenetje SC said the case belonged in the high court first, not the Constitutional Court. They argued that Ramaphosa had to investigate before firing anyone, to avoid unfair dismissals based on untested claims. Hofmeyr warned that letting every presidential dispute go straight to the top court would overload it and slow down justice for other cases.
They defended Cachalia’s pick, saying he was qualified as a former MP and expert in law, and the Constitution allows the president flexibility to manage the executive during probes. On the special leave, they said it was voluntary and needed to keep the ministry running smoothly. The team brushed off MK’s cost concerns, saying the inquiry was vital for national security and cleaning up the police.
The hearing on Wednesday, 30 July 2025, was tense. Justices like Steven Majiedt and Rammaka Mathopo grilled both sides. Majiedt asked if national security risks justified direct access, while Mathopo worried about setting a bad example where any allegation could force quick firings and chaos in government. Justice Leona Theron questioned the MK’s attack on the commission, suggesting complaints about judges should go to the Judicial Service Commission.
After hours of debate, the court reserved judgment, promising a quick decision given the tight timelines.
The Ruling and What It Means for South Africa
On Thursday morning, the Constitutional Court sided with Ramaphosa. The judges said the MK Party failed to show why the case should bypass lower courts or why it fell under the apex court’s exclusive powers. This dismissal means Cachalia can take over as acting minister, handling daily police matters like crime fighting and officer deployments. The Madlanga commission will go ahead, aiming to uncover the truth behind Mkhwanazi’s claims and recommend steps if needed.
For the MK Party and Zuma, it’s a setback in their ongoing clashes with Ramaphosa. They may now take the fight to the high court, but that could drag on. Critics see this as another political move by Zuma’s group to challenge the government, especially after their strong showing in recent elections.
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