Controversy over Police Minister's leave: EFF files legal challenge against Ramaphosa

The EFF has served President Cyril Ramaphosa with a legal letter challenging his decision to place embattled Police Minister Senzo Mchunu on special leave. 

This move comes after allegations of corruption were made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

The EFF contends that Ramaphosa does not have the constitutional power to put a cabinet minister on leave of absence, instead suggesting he should relieve Mchunu of his duties.

The EFF isn't the only party questioning Ramaphosa's decisions, with the uMkhonto weSizwe (MK) Party also indicating that it's drafting papers for a Constitutional Court challenge, and the DA confirming that police is now investigating the criminal complaint it lodged against Mchunu

Mkhwanazi accused Mchunu of interfering with sensitive police investigations and colluding with businesspeople to disband the Political Killings Task Team in KwaZulu-Natal. 

In response, Ramaphosa established a Judicial Commission of Inquiry to investigate these allegations, which is expected to take between six to twelve months.

Mchunu has been placed on leave of absence with Professor Firoz Cachalia appointed as acting Minister of Police effective August 1.

In the letter sent by England Slabbert Attorneys on behalf of the EFF, the party highlights several points that include the lack of constitutional power.

“The President does not have the power under Section 91(2) of the Constitution to place a Minister on leave.

“A Minister without powers or functions is unlawful as the Constitution requires Ministers to be assigned powers and functions.

“Placing Mchunu on special leave while he continues to draw a ministerial salary, alongside appointing an acting Minister, is seen as an abuse of state resources,” the letter read.

"The decision is not only illegal, it is also a flagrant abuse of state resources. It allows Senzo Mchunu to continue drawing a full ministerial salary under the guise of ‘special leave’...” the letter continued.

The Red Berets demanded that Ramaphosa provide certain information by Monday, July 21,  regarding Mchunu's powers and functions during his leave; the pecuniary benefits Mchunu will receive; and the rationale behind the decision to place Mchunu on leave or face further legal action.

The letter further asked for reasons why the President placed Mchunu on leave and the reasons why the President, in light of Mkhwanazi's allegations, decided not to dismiss Mchunu.

Presidency spokesperson Vincent Magwenya did not respond to questions whether the president was preparing to challenge the EFF's court action.

The MKP also intends to draft papers for a Constitutional Court challenge against Ramaphosa's decision while the DA has expressed concerns about the decision, emphasising the need for accountability and warning that commissions of inquiry might be used to delay action.

Meanwhile, the DA confirmed that the criminal case the party lodged against Mchunu last week was under investigation.

In a statement this week the party's deputy Chief Whip in Parliament, Baxolile Nodada, said a senior Lieutenant Colonel has been assigned as investigating officer in the criminal matter against Mchunu, marking the seriousness with which the SAPS is treating the case.

“The DA has provided the SAPS with a full account on the affidavit of the conduct of Minister Mchunu, for them to begin their investigation.

“Senzo Mchunu, as all other South Africans, must abide by the laws of South Africa – and where laws are broken, criminal investigations must follow.

“Misleading Parliament, lying and fraudulent cover ups cannot be tolerated from ANC Ministers.

“They are serious offences. Parliament is the structure to which the Executive must account honestly, and truthfully,” said Nodada.

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