EFF Legal Team
By Thabo Mosia
The Economic Freedom Fighters (EFF) have launched a direct legal challenge to President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on leave of absence, arguing that the President has no constitutional authority to do so. In a detailed letter dated 16 July 2025, England Slabber Attorneys, acting for the EFF, said Ramaphosa’s action amounted to an unlawful precautionary suspension that stripped Mchunu of his executive powers without following proper constitutional processes.
According to the EFF’s legal team, Section 91(2) of the Constitution only empowers the President to appoint and dismiss ministers, not to place them on leave. The letter argued that the Constitution provides no framework for creating a “minister without powers,” and accused the President of exceeding his authority. The EFF said if Ramaphosa had lost confidence in Mchunu, he should have either dismissed him or formally reassigned his powers to another minister in terms of Section 98.
Section 98 allows the President to assign a minister’s powers to another member of Cabinet when a minister is absent or unable to fulfil duties, but the EFF argued that the current arrangement went beyond that. They said Ramaphosa had effectively created an acting minister outside of Cabinet, which they labelled unconstitutional. The party also dismissed any reliance on Section 91(3)(c), which allows for the appointment of up to two ministers from outside the National Assembly, noting that this does not extend to temporary acting roles.
“The President does not have power to place a cabinet minister on a leave of absence,” the attorneys wrote, calling the move a bloating of Cabinet that wastes public funds while allowing Mchunu to draw a full salary without exercising his mandate.
The EFF’s challenge follows Ramaphosa’s announcement on 13 July that Mchunu would take leave following explosive allegations by KwaZulu‑Natal Police Commissioner Lieutenant‑General Nhlanhla Mkhwanazi. Those allegations include claims that senior officials, including Mchunu, colluded with syndicates to shut down a political killings task team in KZN.
While Mchunu has pledged to cooperate with the inquiry and insists on his innocence, the EFF said the President’s decision was “a cowardly deflection to shield corruption.” The party demanded Mchunu’s outright removal and arrest, and called for full exposure of syndicate networks.
Sibiya’s Reaction to His Own Special Leave
This legal wrangling comes amid mounting tension within the South African Police Service (SAPS). Lieutenant‑General Shadrack Sibiya, the Deputy National Commissioner for Crime Detection, has also been placed on special leave pending an internal investigation into similar claims. National Commissioner Fannie Masemola confirmed that Sibiya received instructions to step aside after Mkhwanazi’s press conference implicated him in a plot to disband the KZN task team.
Sibiya told broadcasters he was “disturbed and surprised” by the directive, saying he had not been consulted by Masemola or the President. He said he would respect the process and cooperate with the judicial commission of inquiry that Ramaphosa has announced, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga.
“All of us must cooperate with the commission of inquiry,” Sibiya said in a live interview. “It will determine and produce a report. All of us will be given an opportunity to be heard, and the commission will determine who must be investigated, who must be suspended, and who must be prosecuted.”
Sibiya denied having any of the 121 dockets linked to political killings and rejected allegations that he colluded with information broker Brown Mogotsi. He said the allegations had “no basis” and were recycled claims that the National Prosecuting Authority had already declined to prosecute.
Cabinet Moves and Political Fallout
Ramaphosa has appointed Minister of Mineral and Petroleum Resources Gwede Mantashe as Acting Minister of Police until Professor Firoz Cachalia assumes the portfolio on 1 August after retiring from the University of the Witwatersrand. Presidential spokesperson Vincent Magwenya confirmed that Mantashe will keep his current portfolio while temporarily leading the police ministry.
Incoming Acting Minister Cachalia has defended the President’s decision, saying critics are entitled to challenge it in court but insisting it is constitutional. A seasoned constitutional law expert, Cachalia said he would use his new role to engage with police leadership and rely on the inquiry’s findings. “The President has strong powers in the Constitution to appoint members of the Cabinet,” Cachalia said, noting precedents for such appointments.
Opposition and Broader Reactions
The Democratic Alliance (DA) welcomed the inquiry but warned against “another talk shop.” DA leader John Steenhuisen said: “These allegations strike at the heart of South Africa’s criminal justice system. The country cannot afford another elaborate filing cabinet of findings that gather dust while the politically connected escape justice.”
DA Deputy Chief Whip Baxolile Nodada laid fraud charges against Mchunu for allegedly misleading Parliament over his relationship with Mogotsi. The DA argued that Mchunu’s contradictory statements breached the Powers and Privileges Act and the Parliamentary Code of Conduct.
Meanwhile, the African Transformation Movement (ATM) has lodged a complaint with the Public Protector, calling for an investigation into whether Mchunu’s conduct violated the Executive Members’ Ethics Act. ATM MP Vuyo Zungula said: “You can’t have someone that is so compromised in that position, especially in the light of South Africa’s very high crime problem.”
Mkhwanazi’s Explosive Claims
Mkhwanazi’s briefing accused top officials of meddling in police work, citing WhatsApp messages and payment proofs linking them to syndicates. His revelations have sparked nationwide marches and intense debate over the integrity of SAPS leadership.
KwaZulu‑Natal Premier Thamsanqa Ntuli voiced support for Mkhwanazi, calling for thorough investigations. “Allegations of such a serious nature cannot be ignored,” Ntuli said.
President Ramaphosa’s Stance
Returning from the BRICS summit in Brazil, Ramaphosa said he had not been briefed on Mkhwanazi’s plans to go public but promised decisive action. “It is a serious matter. It has to do with the security of our people and our adherence to the rule of law,” the President said.
ANC Secretary‑General Fikile Mbalula confirmed that Mchunu will appear before the party’s integrity commission, while also acknowledging the gravity of the allegations.
Security Concerns and Ongoing Investigations
Amid the turmoil, Mogotsi has claimed his security is compromised, alleging that he is being followed and his phone tampered with. Correctional Services confirmed that suspect Vusimuzi Matlala was transferred to C‑Max after being caught with a cellphone in prison, fuelling speculation about internal leaks and interference.
National Commissioner Masemola has bolstered security for Mkhwanazi and announced structural changes within SAPS, including the appointment of Maku as Acting Head of Crime Intelligence and the destruction of illegal firearms. “The current state of affairs is unprecedented and concerning, and requires uncompromised intervention to restore public trust,” Masemola said.
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