Opposition party challenges Minister's ‘special leave'

South African opposition political party uMkhonto we Sizwe Party (MKP) has approached the Constitutional Court seeking to have President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave set aside. According to a report in The Citizen, the party made the announcement on Friday after intensifying its call for the President to fire Mchunu by leading marches in Pretoria. The marches were in support of KZN Police Commissioner Nhlanhla Mkhwanazi following his media briefing alleging a connection between Mchunu and crime syndicates. Chief Justice Mandisa Maya on Sunday set a deadline for today for respondents to oppose the application. News24 reports that interested parties that wish to intervene in opposition to the main application must file their applications by tomorrow. The MKP must file its replying affidavit by Thursday. Zuma is listed as the first applicant, followed by his party. The Star reports that ANC secretary-general Fikile Mbalula yesterday defended the party against criticisms that it has selectively applied its step-aside rule when it comes to the allegations raised against Mchunu. Mbalula said there was no such thing as selective application of the step-aside rule. He said once members are arrested or appear in court, then the rule was applied.

The President placed Mchunu on special leave and appointed two Acting Police Ministers in the space of four days. Ramaphosa first appointed Firoz Cachalia as Acting Police Minister from 1 August, then named Minister of Mineral Resources Gwede Mantashe to fill the role for the next two weeks. The Citizen reports in court documents shared with the media, the MKP said the President’s decision to place Mchunu on special leave and appoint Cachalia as Acting Minister was ‘irrational’, ‘invalid’, and inconsistent with obligations in the Constitution and Presidential Oath of Office. MKP MP David Skosana told broadcasters that the party has made it clear that Mchunu must be fired. 

The party’s move comes after it issued an ultimatum to the President demanding that he resign by 8am on 18 July, Mandela Day. The MKP warned that if Ramaphosa missed the deadline, it would respond with a motion of no confidence, nationwide mass action, and constitutional litigation, notes The Citizen. ‘We believe that Ramaphosa is not fit to lead this country and must do the honourable thing, as comrade Nelson Mandela would have done. He would have told him to resign,’ stated party spokesperson Nhlamulo Ndhlela. Ndhlela accused Ramaphosa of using commissions of inquiry as political tools to avoid accountability and called for immediate action against those implicated in corruption. The spokesperson also accused the President of violating the Constitution by bringing in Cachalia ‘through the back door’. Ndhlela also called out the President for the Phala Phala scandal and mentioned the CR17 bank statements. ‘Ramaphosa must also have his day (in court) like President Zuma,’ he said.