The Pretoria High Court has struck an urgent application by the uMkhonto weSizwe Party (MK Party) to halt the ongoing Madlanga commission of inquiry from the roll, citing a lack of urgency.
The commission, currently underway in Pretoria, is investigating allegations of corruption and political interference within the South African Police Service.
On Thursday, the MK Party tried to stop the commission, which was set up by President Cyril Ramaphosa to look into claims made by Lieutenant-General Mkhwanazi about 121 dockets that were supposedly taken from a political task team by Police Minister Senzo Mchunu.
Ramaphosa placed Mchunu on leave more than a month ago.
Application lacks urgency
The court ruled that the application lacked the necessary urgency to warrant immediate intervention.
Mchunu’s attorney, Griffiths Madonsela, contended that the MK Party’s application was not urgent because the commission’s start date was announced on September 1, and Acting Police Minister Professor Firoz Cachalia had already been appointed on August 1.
“The applicants waited 12 days thereafter, knowing the matter was urgent, yet they did not act,” Madonsela stated.
He further criticised the MK Party for raising the issue of 121 dockets for the first time in court, arguing it was not included in the party’s founding affidavit.
“This attempt to sensationalise the matter is unfair,” Madonsela told the court.
“The 121 dockets are already being addressed by the Madlanga commission, where evidence is being heard, including from Lieutenant-General Mkhwanazi. This court should decline to entertain this matter urgently.”
Mpofu blames Ramaphosa
In response, advocate Dali Mpofu, representing the MK Party, countered that it had not delayed unnecessarily.
“My learned friend says we waited until August 12. Waited for what? The following day, we wrote to the president with 15 questions and gave him four days to respond. He gave us the middle finger,” Mpofu argued.
He asserted that the MK Party was compelled to file the application due to the president’s failure to provide reasons for placing Mchunu on special leave, appointing Cachalia, and establishing the commission.
“Had he given us reasons, we would not be standing here,” Mpofu added.
After a brief lunch break, the court ruled in favour of Madonsela’s argument, striking the matter off the roll due to a lack of urgency.
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