Former President Jacob Zuma and the Umkhonto Wesizwe Party (MKP) have launched a legal challenge against President Cyril Ramaphosa in the Constitutional Court, accusing him of failing to fulfil his constitutional obligations and violating his oath of office.
The dispute centres on Ramaphosa’s recent decisions to place Police Minister Senzo Mchunu on leave. To also appoint Professor Firoz Cachalia as Acting Minister of Police, and establish a Judicial Commission of Inquiry.
Urgent judicial intervention
John Hlophe, Deputy President of the MKP and Leader of the Opposition in the National Assembly, filed the founding affidavit, outlining the party’s grievances and calling for urgent judicial intervention. Hlophe argues that Ramaphosa’s actions are unconstitutional, irrational, and tainted by political bias.
Hlophe’s affidavit takes aim at Ramaphosa’s decision to place Mchunu on a leave of absence. It describes this as “irrational” and “ultra vires”.
He stated: “There is no empowering provision for the President to place a Minister on leave of absence, which is a fancy phrase for suspension with pay. The decision is therefore ultra vires.”
Hlophe further alleged that the decision was influenced by political favouritism. He noted Mchunu’s close ties to Ramaphosa.
“It is an open secret that Minister Mchunu is one of the President’s closest allies in the ANC factional battles.
“The inference is therefore irresistible that were it not for their political and factional affinities, President Ramaphosa would have duly dismissed Mchunu, as he is perfectly entitled and legally empowered to do.”
Financial implications
The affidavit also highlights the financial implications of Ramaphosa’s decisions. Particularly the appointment of multiple ministers to the same portfolio.
“As we currently speak, there are notionally three ministers of police appointed by the same president. This is a plain absurdity and nothing short of a royal mess,” Hlophe stated.
He argued that taxpayers are being burdened with unnecessary expenses.
“The decision is irrational in that it will result in the taxpayers’ rights being violated. They must pay two separate multi-million rand salaries and benefits for two ministers. One is acting, and the other on leave, for an indeterminate period of time.”
Hlophe also criticised Ramaphosa’s appointment of Cachalia, calling it unconstitutional.
“Among other things, this betrays the fact that the president had irrationally failed to apply his mind to the pertinent and relevant provisions of section 98, which is applicable to the appointment of an Acting Minister. This alone constitutes a fatal failure to fulfil a constitutional obligation that is exclusively entrusted to the president,” Hlophe argued.
He pointed out that Cachalia is neither a member of the Cabinet nor the National Assembly. Thus making the appointment inconsistent with constitutional requirements.
Acting police minister queried
“The appointment of the Acting Minister of Police is in the circumstances inconsistent with the Constitution for being ultra vires, irrational, and in breach of the rule of law,” Hlophe stated.
The affidavit also challenges the establishment of the Judicial Commission of Inquiry. Particularly the appointment of Acting Deputy Chief Justice Mbuyiseli Madlanga as its chairperson. Hlophe argued that the decision violates the principle of nemo iudex in sua causa. This translates to “no person may be a judge in their own cause”.
“It is improper, irrational, and illegal for the President to appoint any member of the judiciary to potentially investigate himself or herself. Nor is it rational or reasonable for the judiciary to investigate itself,” Hlophe stated.
“No reasonable president would cause such a situation to happen.”
Hlophe concluded his affidavit by emphasising the urgency of the matter and the need for judicial intervention.
Support for Ad Hoc Committee
“The allegations made by General Mkhwanazi must obviously be investigated and verified. That is not to say that the investigation must be illegal. To illustrate this point, the MKP expressed its support for the recent establishment of the Ad Hoc Committee by Parliament to investigate the allegations,” he stated.
The Constitutional Court is set to hear the urgent application on July 28, 2025.
