The uMkhonto weSizwe (MK Party) has called for the immediate dismissal of Police Minister Senzo Mchunu.
The former president Jacob Zuma-led party made these utterances in opposition to the announcement by President Cyril Ramaphosa to place Mchunu on special leave and the appointment of Professor Firoz Cachalia as acting Minister of Police, calling for an immediate reversal of the announcement.
The announcement was made in response to allegations against Mchunu. According to KwaZulu-Natal police boss Lieutenant-General Mkhwananzi, Mchunu interfered in critical police investigations. Mkhwanazi also accused Mchunu of allowing his associates — who are not in the employ of the SAPS, to interfere in police work.
Implicating WhatsApp messages
One such associate, a Brown Mogotsi, sent him WhatsApp messages. The messages were “regarding …the allegations on the defeating the ends of justice matters. They were publicised and involve the Department of Correctional Services at Empangeni in KwaZulu Natal”. He is allegedly affiliated with people who are of interest in politically influenced killings. And he has allowed them to meddle in police affairs.
He also said Mchunu issued a letter to disband the Political Killings Task Team. The instruction was also to suspend the filling of all vacancies within the Crime Intelligence.
MK Party Police Portfolio Committee lead, David Skosana, said the country could not afford a situation where two ministers effectively occupy the same portfolio.
He described the decision by Ramaphosa as creating confusion and constitutional uncertainty. He said with the special leave, Mchunu remains a Member of Parliament and part of the cabinet. All while Professor Firoz Cachalia has been appointed to act in his portfolio.
Conflict of interest
“Remember when you are suspended, you are still a minister. But an outsider has been appointed to act in his portfolio. This is … presenting an unprecedented conflict of interest. It may result in two ministers occupying the same portfolio simultaneously. One in parliament [and] one in the cabinet,” said Skosana.
Skosana said this arrangement allows Mchunu to continue participating in parliamentary portfolio committees. These include on matters directly related to his suspended role. While someone else performs the duties of minister.
He drew a comparison to a previous incident involving former Road Accident Fund CEO Collins Letsoalo. Skosana said Letsoalo was facing suspension, but when this was questioned, the suspension was changed in 24 hours. He believes as the MK Party is raising questions now, Ramaphosa will act.
Lied under oath
“Minister Mchunu indeed lied to Parliament. He said something else on our portfolio committee on the 5th of March, but then he changed the tune. Which means he misled Parliament. He has lied to Parliament. Hence, we have laid charges of perjury because he lied under oath,” said Skosana.
He also criticised Ramaphosa’s decision, calling it unconstitutional and unsustainable.
“This arrangement is unheard of in South African constitutional history. And it directly violates the principle of cabinet accountability, section 92. Also the executive coherence of section 91. Such a setup is not only impractical, but it is also illegal. It is unsustainable, and right for a constitutional challenge,” Skosana said.
He described the move as unlawful, irrational, and contrary to the spirit of the constitution.
He said the party demands the reinstatement of the political killings task team. It must urgently address the ongoing wave of politically motivated violence and restore public trust in the criminal justice system.
Skosana added that the MK Party is also pushing for the establishment of a commission of inquiry. It must probe the allegations raised by Mkhwanazi.