Former president Jacob Zuma and his MK Party are contesting President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave, challenging both the legality of the leave and the appointment of Professor Firoz Cachalia as acting police minister. The MK Party, along with Zuma, filed court papers on 18 July, arguing that Ramaphosa’s actions lack constitutional validity[1]. They maintain that the president overstepped his powers by allowing Mchunu to retain his ministerial title, salary, and privileges, while simultaneously appointing an acting minister—arguing that the constitution does not provide for such an arrangement[7].
The legal dispute stems from public accusations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who alleged political interference in police operations by Mchunu and high-ranking officials. In response, Ramaphosa put Mchunu on special leave, appointed Cachalia temporarily, and formed a judicial commission of inquiry to investigate claims of political meddling and corruption within the South African Police Service[1].
Both the legitimacy of Mchunu’s suspension and the constitutionality of appointing a judge to chair the commission of inquiry are at the heart of the MK Party’s challenge. Zuma has specifically criticized the choice of Justice Mbuyiseli Madlanga to lead the commission, arguing it undermines impartiality since the judiciary itself is implicated in the allegations: “no one should be a judge in their own cause.” Zuma frames the court application as reinforcing the requirement for legal and procedural fairness—not as an act of defiance, but of constitutional safeguard[7].
Legal experts highlight the unprecedented nature of the case, with the Constitutional Court’s involvement signaling the gravity and urgency. The MK Party’s legal analysts argue that having two individuals simultaneously holding claim to the same ministerial role—both drawing privileges from the state—has no legal precedent, and that such executive decisions must be lawful, rational, and procedurally fair[3]. The Court is expected to make an initial ruling in early August, but full hearings could extend into the end of the year[5].
The backdrop to this legal confrontation includes heightened political tension following Zuma’s formal expulsion from the African National Congress (ANC), after he formed and led the MK Party in the last general election while insisting he remained loyal to a “real” ANC. The expulsion followed a disciplinary hearing, with the ANC accusing Zuma of gravely undermining party unity and integrity by campaigning for and leading a rival party[2].
References
- [1] Zuma, MK Party Take Ramaphosa to Court Over Mchunu – Joburg ETC
- [2] Former South African President Zuma expelled from ANC party – LA Times
- [3] Zuma’s MK Party Takes Ramaphosa to Constitutional Court – Radio Islam
- [5] ConCourt sets date for MK party’s case against Ramaphosa – The Citizen
- [7] Zuma and MK party contest Ramaphosa’s decision to suspend Mchunu – The Citizen
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