John Hlophe
By Thabo Mosia
uMkhonto weSizwe Party (MK Party) parliamentary leader John Hlophe has confirmed that the party is heading straight to the Constitutional Court to challenge President Cyril Ramaphosa’s recent decision to appoint an interim police minister. This challenge stems from allegations of constitutional violations, including the placement of Police Minister Senzo Mchunu on special leave and the naming of law professor Firoz Cachalia as his temporary replacement, actions the MK Party views as unlawful and wasteful.
MK Party’s Legal Push and Constitutional Concerns
The MK Party’s decision to seek direct access to the Constitutional Court reflects the urgency of the matter, with Hlophe emphasising that time is not on their side. Court papers are already being drafted to contest Ramaphosa’s announcement on Sunday, 13 July 2025, where he placed Mchunu on immediate special leave and appointed Cachalia to lead the police ministry from 1 August 2025. Hlophe argues there is no provision in the Constitution for a minister to be placed on special leave, nor for two ministers to be appointed to the same portfolio at the same time.
Section 91(2) of the Constitution grants the president powers to appoint and dismiss cabinet members, but the MK Party contends that Ramaphosa has misused Sections 91(3)(c) and 98 by creating a dual-minister setup. This, they say, violates Section 206(1), which provides for only a single minister responsible for policing in the republic. “The president’s decision to appoint professor Firoz Cachalia as an acting minister of police is unconstitutional,” Hlophe stated during a media briefing, adding that it effectively means South Africa now has two ministers of police.
The party has given Ramaphosa an ultimatum to withdraw his decisions by 10am on Wednesday, 16 July 2025, or face legal action, parliamentary debates, and possible street protests. They plan to mobilise supporters, with a march scheduled for Friday, 18 July 2025, from Church Square to the Union Buildings in Pretoria, in support of KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi and broader calls for accountability. The MK Party has also referred the matter to Parliament’s joint ethics committee and requested a snap debate on Wednesday.
Rejection of the Judicial Commission of Inquiry
Beyond the ministerial appointment, the MK Party strongly opposes Ramaphosa’s establishment of a judicial commission of inquiry into allegations of corruption, infiltration, and capture within the South African Police Service (SAPS). Chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga and assisted by advocates Sesi Baloyi SC and Sandile Khumalo SC, the commission is tasked with probing syndicate infiltration across law enforcement, intelligence, the National Prosecuting Authority (NPA), judiciary, and metro police. It must deliver interim reports after three and six months, with findings forwarded to Parliament and the Chief Justice.
Hlophe described the commission as a waste of time and taxpayers’ money, arguing that past inquiries like the Truth and Reconciliation Commission (TRC), Jali Commission, Marikana Commission, and Khayelitsha Commission have yielded recommendations that were selectively implemented or ignored. “We are dealing here with a president who has proven to be the weakest of all presidents since our democratic breakthrough in 1994,” he said, calling for drastic measures instead. The party believes the national police commissioner should directly act on allegations, such as reinstating the Political Killings Task Team and pursuing the 121 dockets allegedly removed on Mchunu’s orders. They view the open-ended timeframe as a delay tactic to shield implicated individuals, including those in the judiciary, which they say makes the commission conflicted.
Damning Allegations Against Senzo Mchunu
At the core of the crisis are explosive claims by Mkhwanazi during a media briefing on 6 July 2025, accusing Mchunu of ties to criminal syndicates and interfering in investigations. Mkhwanazi alleged that Mchunu orchestrated the disbandment of the Political Killings Task Team in December 2024, a unit formed in 2018 that had investigated 612 dockets, arrested 436 suspects, recovered 156 firearms, and secured convictions totalling 1,801 years in prison, including 29 life sentences. The team probed politically motivated murders, mainly in KwaZulu-Natal, and extended to Gauteng syndicates and killings at the University of Fort Hare.
Specific accusations include Mchunu receiving financial support from businessman Vusimuzi Matlala, who held lucrative SAPS contracts before his arrest for attempted murder in May 2025, and communications with Brown Mogotsi, linked to defeating the ends of justice. Mkhwanazi presented evidence like WhatsApp messages and payments. On 26 March 2025, 121 active dockets were reportedly removed without approval from National Commissioner Fannie Masemola, halting probes into high-profile cases. Mchunu denied the claims, welcoming the inquiry and pledging commitment to the process.
Hlophe has repeatedly called Mchunu a “pathological liar,” citing instances of misleading Parliament. On 5 March 2025, Mchunu denied knowing Mogotsi in a portfolio committee session, only to admit later they were comrades. Another example: providing a non-existent crime hotline number during a question session, then leaving abruptly. In an Eastern Cape child assault case involving Charles Qhu, Mchunu falsely claimed DNA samples from the school headmaster were taken, later proven untrue. The MK Party has laid perjury charges against Mchunu and links his actions to broader corruption, including CR17 campaign funding allegedly from drug syndicates.
Broader Implications and Opposition Reactions
This scandal highlights systemic issues, with political assassinations surging 96% since 2020 and over 1,400 whistleblowers intimidated or killed in the last decade. Cartel infiltration affects SAPS, metro police, and intelligence, fuelling drug crises and construction mafias. Mkhwanazi himself faces probes over a bulletproof vest contract.
Other parties echo concerns: The EFF calls the appointment unconstitutional, violating Section 98 by not assigning to a sitting minister. The DA criticised the delay in acting on allegations that strike at the criminal justice system’s heart. Cachalia, an ANC member and chair of the National Anti-Corruption Advisory Council, criticised Mkhwanazi’s briefing as inappropriate but accepted the role, citing precedents and urging court challenges if needed.
The MK Party calls for Ramaphosa’s resignation, early elections, and a no-confidence motion, viewing the Government of National Unity (GNU) as a betrayal of voters. They urge whistleblowers to approach them for protection and parliamentary action.
What This Means for South Africans
This crisis threatens national security and public trust, with potential delays in fighting organised crime affecting communities ravaged by drugs and violence. If successful, the MK Party’s challenge could force a cabinet reshuffle, while the commission’s findings might expose deep-rooted corruption. For ordinary citizens, it underscores the need for transparent governance to ensure safety and justice in a country still healing from past divisions. As the case heads to court, South Africans watch closely, hoping for swift resolution to restore faith in their institutions.
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