By Levy Masiteng
The Pretoria High Court has dismissed the MK Party’s bid to overturn President Cyril Ramaphosa’s decisions to place Police Minister Senzo Mchunu on special leave, appoint Firoz Cachalia as acting police minister, and establish the Madlanga Commission of Inquiry.
The full bench ruling was delivered on Tuesday.
The court found that suspending Mchunu was a “reasonably necessary” step, given the serious allegations against him, and that the president’s decision to establish the Madlanga Commission was lawful and rational.
The court held that Ramaphosa acted within his constitutional authority and that firing Mchunu outright on untested allegations could itself be irrational, effectively endorsing the need to protect public confidence while allegations are probed.
Ramaphosa announced the three interrelated steps on 13 July after explosive allegations by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi, and said he appointed Cachalia in terms of Section 91(3)(c) of the Constitution.
This is the MK Party’s third loss on the matter after the Constitutional Court refused direct access in July and the High Court struck an earlier attempt for lack of urgency in September.
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