The Constitutional Court has dismissed former President Jacob Zuma and the uMkhonto weSizwe Party’s attempt to overturn President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave, and establish a judicial commission probing criminality and political interference in the criminal justice system.
In an order handed down on Friday, the apex court refused the applicants leave to appeal directly against a judgment of the North Gauteng High Court in Pretoria, which had earlier found the president’s decisions lawful.
Ruling on three Ramaphosa decisions
The High Court had examined three key decisions Ramaphosa announced on 13 July 2025: placing Mchunu on special leave, appointing Firoz Cachalia as acting Police Minister, and establishing a judicial commission of inquiry chaired by retired Justice Mbuyiseli Madlanga.
According to the Constitutional Court, the High Court had properly dealt with the issues raised and provided sufficient reasons for its conclusions.
“The High Court reasoned that where necessary to perform the functions of head of the national executive, the president is empowered to place a minister on leave,” the court said.
It added that this authority was implied from the president’s constitutional power to dismiss ministers.
President acted rationally
“The court concluded that the president acted rationally in placing the second respondent on leave pending the commission’s findings.”
The Constitutional Court also upheld the High Court’s view that the president was within his rights to appoint Cachalia from outside Parliament and assign him responsibilities as acting minister of police.
“The High Court found that the president may appoint up to two ministers from outside the National Assembly,” the judgment said.
On establishing the commission, the apex court agreed that the president acted rationally in launching the inquiry, noting that its findings could assist the executive in dealing with the serious allegations raised.
“The court further held that the commission’s mandate also relates to specific issues in the judiciary that do not impede the fourth respondent from chairing it,” the ruling stated.
Zuma, MKP failed to demonstrate material flaws
The Constitutional Court said Zuma and his party had failed to demonstrate any material flaws in the High Court’s reasoning.
“The applicants’ reliance on this court’s previous judgment in Vodacom v Makate is misplaced,” the judges said.
“Since the applicants do not clearly point to any discernible or material error in the High Court’s reasoning, this court has concluded that the application bears no reasonable prospects of success.”
The court also granted condonation for the late filing of Mchunu’s answering affidavit but ordered that each party pay its own costs.
