By Simon Nare
The Economic Freedom Fighters is legally challenging President Cyril Ramaphosa’s decision to place embattled Police Minister Senzo Mchunu on special leave other than dismissing him outright as empowered by the Constitution.
In a letter by its lawyers addressed to Ramaphosa, the EFF argues that he did not have the powers to place a Cabinet minister on leave as stipulated in the Constitution.
The England Slabbert Attorneys’ letter marked “extremely urgent”, further argues that rather, the Constitution allows the president to appoint deputy ministers and ministers and assigns them powers and functions. He may dismiss them at his discretion.
“Section 91(2) of the Constitution does not confer on the president a power, whether expressed or implied, direct or indirect, primary or incidental, to place a minister ‘on a leave of absence’.
“It is apparent that the real reason for the leave of absence pertains to the gravity of
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