Prof Firoz Cachalia
Prof Firoz Cachalia is set to be sworn in as acting police minister at the Union Buildings today, stepping into the role immediately after the Constitutional Court dismissed Jacob Zuma and the MK Party’s urgent application challenging his appointment and the establishment of the Madlanga commission.
In a pivotal moment for South Africa’s criminal justice system, Professor Firoz Cachalia is scheduled to take his oath of office on Friday morning at the Union Buildings in Tshwane, assuming the duties of acting police minister without delay. This comes hot on the heels of the Constitutional Court’s rejection of an urgent challenge brought by former president Jacob Zuma and the uMkhonto weSizwe (MK) Party, which aimed to halt his appointment and scrutinise Police Minister Senzo Mchunu’s placement on special leave. The apex court determined that the applicants did not substantiate their request for direct access, insisting the matter should have originated in a lower court, thereby clearing the path for Cachalia’s induction amid intensifying investigations into alleged corruption within law enforcement circles. 
Constitutional Court’s Decisive Dismissal of the MK Party’s Bid
The Constitutional Court delivered its verdict on Thursday, refusing to entertain the direct application from Zuma and the MK Party. Their legal action contested President Cyril Ramaphosa’s authority to place Mchunu on special leave in response to grave accusations levelled by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi. The applicants further questioned the necessity of establishing a judicial commission of inquiry under retired Acting Deputy Chief Justice Mbuyiseli Madlanga, deeming it an extravagant measure and advocating for Mchunu’s outright dismissal instead. 
The court’s judgment underscored that Zuma and the MK Party fell short in demonstrating why the highest court should be approached first, bypassing standard judicial protocols. “The case should not have come directly to the highest court,” the ruling affirmed, a stance echoed by legal analysts who viewed the application as procedurally flawed.  This outcome has been hailed by organisations like the Council for the Advancement of the South African Constitution (Casac) as predictable, reinforcing the importance of due process in legal challenges.
The MK Party contended that Ramaphosa’s decisions undermined executive stability and favoured Mchunu as a political ally by choosing suspension over termination. They warned that handling unverified allegations in this manner could establish a perilous precedent. Nevertheless, the court sidestepped the substantive issues, concentrating on the procedural irregularity.
Swearing-In Details and Cachalia’s Immediate Responsibilities
Cachalia’s swearing-in is slated for 9:00 am at the Union Buildings, with the Presidency extending invitations to media representatives to witness the event in accordance with Section 91 of the Constitution.  Once sworn in, Cachalia will promptly assume oversight of the police portfolio, navigating a turbulent period marked by probes into systemic corruption. This temporary role will persist until the Madlanga commission wraps up its inquiry, ensuring continuity in leadership during this critical phase.
President Ramaphosa has robustly justified Cachalia’s appointment, emphasising its role in preserving the credibility of law enforcement institutions and maintaining public confidence. In affidavits submitted to the court, Ramaphosa argued that the modest costs of temporarily expanding the Cabinet are warranted given the stakes involved. He referenced the precedent set with former Health Minister Zweli Mkhize, who was similarly placed on special leave amid COVID-19 procurement scandals, to illustrate that such actions allow for thorough investigations without premature dismissals.  “Were I not empowered to suspend a minister pending the outcome of an investigation, I would be compelled to dismiss that minister simply on the basis of allegations, even if they may turn out to be unfounded,” Ramaphosa explained, highlighting the need for balanced executive discretion.
Allegations Against Senzo Mchunu and the Madlanga Commission
The controversy originated from Mkhwanazi’s alarming claims suggesting Mchunu’s potential ties to criminal underworld figures, prompting Ramaphosa to act swiftly. In announcing Mchunu’s special leave earlier this month, the president expressed deep concerns over implications for the Constitution, rule of law, and national security. “These allegations, if proven true, threaten to undermine the confidence of South Africans in the ability of the police to protect them and to effectively fight crime and corruption,” Ramaphosa stated.
To address these issues comprehensively, Ramaphosa instituted the Madlanga commission, tasked with probing the infiltration of criminal syndicates into law enforcement, intelligence, and related bodies. The commission’s mandate includes examining:
- Facilitation of organised crime;
- Suppression or manipulation of investigations;
- Inducement into criminal actions by law enforcement leadership;
- Commission of other criminal offences;
- Intimidation, victimisation, or targeted removal of whistle-blowers or officials resisting criminal influence.
It will scrutinise the involvement of current or former senior officials in institutions such as the police, National Prosecuting Authority, State Security Agency, judiciary, magistracy, and metropolitan police departments in Johannesburg, Ekurhuleni, and Tshwane. Additionally, the inquiry will assess whether national executive members responsible for the criminal justice system were complicit in or benefited from these activities.
Madlanga, who retired on Thursday, brings extensive judicial experience to the role, ensuring an impartial and thorough investigation.
Who is Prof Firoz Cachalia? A Detailed Profile
Born on 22 July 1958 in Benoni, Gauteng, Firoz Cachalia is a distinguished South African lawyer, academic, and politician with a storied legacy in the anti-apartheid movement. Hailing from a family of activists—his parents, Yusuf and Amina Cachalia, were key figures in the struggle, and his brother Azhar served as a former deputy minister—Cachalia’s commitment to justice was forged early.
He holds a BA, BA (Hons), LLB, and a Higher Diploma in Company Law from the University of the Witwatersrand (Wits). As a young activist, he was instrumental in the United Democratic Front (UDF) and the Transvaal Indian Congress (TIC), contributing to the fight against apartheid.
Cachalia entered formal politics in 1994 as a member of the Gauteng Provincial Legislature for the African National Congress (ANC). He served as Speaker of the Johannesburg Metropolitan Council from 1999 to 2000. His executive roles included MEC for Public Transport, Roads and Works (2004-2009), MEC for Community Safety (2009-2013), MEC for Economic Development (2013-2014), and briefly MEC for Home Affairs and Local Government. In 2014, he resigned amid ANC internal dynamics but continued public service as an adjudicator for the Financial Services Tribunal.
Currently a Professor of Law at Wits University and director of the Mandela Institute for Human Rights Studies, Cachalia is globally recognised for his expertise in constitutional law, human rights, and governance. His appointment as acting minister leverages this background to tackle the challenges ahead, with Cachalia himself acknowledging the “huge responsibility” in a recent interview, pledging to collaborate with the National Police Commissioner on strategies to combat crime.
