President Cyril Ramaphosa has argued that he cannot have exercised his constitutional power to dismiss Police Minister Senzo Mchunu without first investigating allegations against him. Ramaphosa was responding in the urgent application lodged by former President Jacob Zuma and the MK Party in the Constitutional Court.
The application claims three inter-related decisions taken in response to corruption allegations made by Kwazulu Natal Police Commissioner Nhlanhla Mkhwanzi were unlawful and unconstitutional.
Ramaphosa placed Mchunu on special leave, appointed Professor Firoz Cachalia to act in his position, and established a Judicial Commission of Inquiry.
Counsel for President Cyril Ramaphosa Advocate Ngwako Maenetje, says, “That need for investigation in that context is to enable the president to discharge the power to dismiss in a manner that is consistent with the constitution and the requirement of the principle of rationality. Because the principle of rationality requires that the process leading to the taking of the decision, in this case the dismissal of the minister, the process must itself be rational because it must inform the president properly on whether there is a basis to dismiss. And the president says, ‘I can’t reach that decision lawfully, consistent with the constitution without giving the opportunity for those allegations, broad allegations being investigated’.”
Advocate Dali Mpofu has argued that it was illegal for President Ramaphosa to have placed Mchunu on special leave and appoint Professor Cachalia to act in his position.
Mpofu is representing former president Zuma who is leader of the MK Party in the Constiutional Court application brought by the MKP.
He says, while the constitution allows for the president to appoint two ministers from outside the National Assembly, the clause does not make allowance for an acting minister.
“This whole manoevre is about that, ‘how do I save my friend and close ally ensure that he has a salary three years, five years?’ For God knows how long, while he is doing nothing but keeps the drivers the bodyguards and all those things and the title, but at the same time, I have someone who will look after the police. So, then you think of this long elaborate contrivance, but the law is very clear: you want Professor Cachalia, then you must dismiss Minister Mchunu,” argues Mchunu.
MKP vs Ramaphosa | Mchunu’s leave of absence challenged:
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