By Thapelo Molefe
The high court on Thursday struck off the urgent application by the uMkhonto weSizwe Party (MKP) and former president Jacob Zuma seeking to halt the Mandlanga Commission of Inquiry, ruling that the matter lacked urgency.
The party had sought to interdict three decisions taken by President Cyril Ramaphosa in July, which are the establishment of the Mandlanga Commission to probe allegations of collusion between organised crime and senior police officials, the placing of Police Minister Senzo Mchunu on special leave, and the appointment of Professor Firoz Cachalia as acting Minister of police.
In July, the party had already approached the Constitutional Court, arguing that Ramaphosa’s actions were unconstitutional. That application was dismissed after the apex court refused direct access, prompting the party to turn to the High Court.
Delivering judgment, Judge Ronel Gertruda Tolmay said the MK Party failed to show it would suffer irreparable harm if the matter was heard in the ordinary course.
“Urgent procedures are not for convenience.
A party must make a case for urgency,” she said, noting that substantial redress could still be sought later if the President’s decisions were found unlawful.
The court also noted that the Constitutional Court had dismissed the MK Party’s earlier bid for direct access, finding it lacked exclusive jurisdiction.
Tolmay stressed that the discretion to decide urgency rested with the High Court.
Advocate Dali Mpofu, representing the MK Party, argued that the case was inherently urgent, warning that South Africa’s criminal justice system was on “the brink of collapse” due to alleged capture by criminal syndicates.
He said delaying the matter until next year would mean taxpayers’ money would already have been spent on what the party views as unconstitutional decisions.
Ramaphosa’s legal team, led by Advocate Ngwako Maenetje, countered that urgency had dissipated because the President’s decisions had already been implemented.
“The proverbial horse has bolted. The commission has commenced, the acting commissioner is in office, and Mr Mchunu is on leave,” he said.
Maenetje added that applicants could still seek redress later, and trying to reverse decisions now would disrupt governance without serving justice.
The second respondent’s counsel, Advocate Griffiths Madonsela, accused the MK Party of “sensationalising” the case by introducing new claims late in the process.
In striking the matter off the roll, Tolmay said the serious allegations of corruption and abuse of power did not justify bypassing normal judicial processes.
“This matter requires careful judicial consideration. Rushing it through the urgent court will not be in the interest of justice,” she ruled.
The MK Party may still pursue a full review of the President’s decisions through ordinary court processes, but for now, the Mandlanga Commission will continue its work.
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