ConCourt clears way for Firoz Cachalia as police minister
Firoz Cachalia
In a unanimous decision, South Africa’s Constitutional Court has dismissed a legal challenge brought by former President Jacob Zuma and the uMkhonto Wesizwe (MK) party, clearing the way for Professor Firoz Cachalia to be formally appointed as acting Police Minister.
The court ruled that the challenge against President Cyril Ramaphosa’s decision to place then-Police Minister Senzo Mchunu on special leave and to appoint Cachalia as acting minister did not fall within its jurisdiction. This paves the way for Cachalia’s swearing-in, which is scheduled to take place at the Union Buildings on Friday, 1 August.
At 67, Cachalia is widely recognised for his expertise in constitutional law. In 2024, he chaired the National Anti-Corruption Advisory Council and submitted a comprehensive report to President Ramaphosa outlining key strategies to strengthen South Africa’s anti-corruption framework. The report, which addresses improved coordination between law enforcement agencies, has yet to be publicly released, but Cachalia’s new role could enable him to put these recommendations into practice.
The challenge, brought forward by Zuma and the MK party, centred on the President’s choice to place Mchunu on special leave with full benefits rather than dismissing him outright, and appoint Cachalia, who is not currently a Cabinet member, as acting minister. Zuma’s legal team argued that Ramaphosa had failed in his constitutional duty to uphold the Constitution.
However, the President’s lawyers contended that the matter should have been addressed in a lower court, not the Constitutional Court, warning that accepting such cases would overwhelm the apex court with disputes involving presidential powers.
Justice Rammaka Mathopo delivered the unanimous verdict, confirming the court’s lack of jurisdiction and denying direct access in the matter.
Following the ruling, Zuma’s legal representative, Advocate Dali Mpofu, expressed surprise and indicated that further legal avenues might be pursued.
The court’s decision also allows the Madlanga Commission of Inquiry to proceed. The commission was established by President Ramaphosa in response to serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi. Mkhwanazi accused Mchunu of attempting to disband the Political Killings Task Team to shield politically connected criminals, an allegation Mchunu denies. This controversy prompted Ramaphosa to place Mchunu on leave.
The Madlanga Commission, led by retired Acting Deputy Chief Justice Mbuyiseli Madlanga alongside co-commissioners Advocates Sesi Baloyi SC and Sandile Khumalo SC, has already begun its work. An interim report is expected within three months, with a final report due after six months.
The MK party criticised the commission’s formation as an unnecessary expense, estimating the cost at nearly R148 million over six months, and expressed dissatisfaction with the Constitutional Court’s ruling. The party is considering further political action, including a motion of no confidence in President Ramaphosa, while continuing its “Hands off Mkhwanazi” protests.
