Constitutional Court Rejects MKP’s Urgent Challenge to Minister Mchunu’s Special Leave
Johannesburg – The Constitutional Court has refused to consider an urgent application by the uMkhonto we Sizwe (MKP) aimed at stopping the swearing-in of Professor Firoz Cachalia, who has been appointed as acting Police Minister.
The MKP also challenged President Cyril Ramaphosa’s decision to form a commission of inquiry to look into 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, alleging political interference in police matters and ties to criminal activities.
Minister Mchunu has been placed on special leave by President Ramaphosa while the investigation is in progress.
On Wednesday, 30 July 2025, the MKP launched a strong opposition against President Ramaphosa’s decision, which also allowed Mines Minister Gwede Mantashe to temporarily serve as Police Minister.
However, in a unanimous ruling on Thursday, 31 July 2025, the Constitutional Court dismissed the MKP’s application to challenge Minister Mchunu’s special leave and the formation of the commission of inquiry, stating that the applicants did not demonstrate grounds for “exclusive jurisdiction” or provide sufficient evidence for “urgent direct access” to the apex court.
Justice Rammaka Mathopo delivered the ruling, noting that there was no foundation for direct access to the Constitutional Court and that a detailed explanation of the decision would be provided later.
In the interim, the Presidency has confirmed that Professor Cachalia will take the oath on Friday, 1 August 2025, as acting Police Minister.
In explaining the decision, the Presidency stated: “In accordance with section 91(3)(c), President Cyril Ramaphosa confirmed the appointment of Professor Cachalia as a Minister in the National Executive, with the clear intention that, after the swearing-in, Minister Cachalia would 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 assess the ruling and consider possible next steps.
