Constitutional Court Rejects MKP’s Urgent Challenge Against Minister Mchunu’s Special Leave
Johannesburg – The Constitutional Court has chosen not to consider an urgent application lodged by the uMkhonto we Sizwe (MKP) seeking to prevent the swearing-in of Professor Firoz Cachalia as acting Police Minister.
The MKP has also challenged President Cyril Ramaphosa’s decision to form a commission of inquiry to look into the allegations made by KwaZulu-Natal (KZN) Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.
The KZN police chief has made serious claims against senior officials, including Police Minister Senzo Mchunu, accusing them of political interference in police matters and links to criminal enterprises.
Minister Mchunu has been placed on special leave by President Ramaphosa as the investigation progresses.
On Wednesday, 30 July 2025, the MKP launched a strong challenge against President Ramaphosa’s arrangement, which also allowed Mines Minister Gwede Mantashe to act as interim Police Minister.
However, in a unanimous decision on Thursday, 31 July 2025, the Constitutional Court dismissed the MKP’s challenge regarding Minister Mchunu’s special leave and the formation of the commission of inquiry, indicating that the applicants failed to show grounds for “exclusive jurisdiction” or provide adequate justification for “urgent direct access” to the highest court.
Justice Rammaka Mathopo articulated the ruling, stating that there was no valid reason for direct access to the Constitutional Court and that detailed explanations for the ruling would be provided later.
In the interim, the Presidency has confirmed that Professor Cachalia will be sworn in on Friday, 1 August 2025, as acting Police Minister.
In elaborating on the decision, the Presidency remarked: “In accordance with section 91(3)(c), President Cyril Ramaphosa has confirmed Professor Cachalia’s appointment as Minister in the National Executive, explicitly intending that, post-swearing-in, Minister Cachalia will be designated to act as Minister of Police.”
Disappointed MKP attorney Advocate Dali Mpofu, who argued that placing Minister Mchunu on special leave was “illegal,” stated that the party’s legal team would review the ruling and consider possible next steps.