The Constitutional Court has denied the uMkhonto weSizwe Party (MKP) direct access in its urgent application challenging President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave.

It also challenged the appointment of Professor Firoz Cachalia as acting police minister, and establishment of a judicial commission of inquiry into alleged political interference in police operations.

Justice Steven Mathopo delivered the ruling on Thursday, effectively ending the MKP’s attempt to escalate the matter straight to the Constitutional Court without first going through the lower courts.

“The Constitutional Court has considered the application for exclusive jurisdiction and direct access. It has concluded that the application does not engage the court’s jurisdiction and no case has been made out for direct access. The following order is made: Direct access is refused. Costs are reserved. Reasons for this order shall be given at a later date,” Mathopo said.

The ruling comes amid a politically charged dispute following serious allegations made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi, who claimed that Mchunu and deputy national commissioner for crime detection Shadrack Sibiya interfered in operational police matters.

In response, Ramaphosa placed Mchunu on special leave, appointed legal academic Cachalia as acting Police Minister and established a judicial commission to probe the allegations.

The MKP sought to invalidate all three executive decisions, alleging they were unconstitutional and politically motivated.

The party had hoped to fast-track the matter by bypassing the High Court entirely, citing urgency and national importance.

MKP senior counsel Dali Mpofu explained the party’s view in terms of the legal distinction for their approach.

“There is a difference between exclusive jurisdiction and direct access. Exclusive jurisdiction is when only this court has authority. Direct access is when lower courts do have jurisdiction, but the applicant argues there are compelling reasons to approach the Constitutional Court directly,” Mpofu said.

He added that the party believed the nature of the issues, particularly those raised by Commissioner Mkhwanazi, were of “sufficient national significance” to warrant direct access.

Mpofu referenced previous cases where direct access had been granted such as the Nkandla case, the secret ballot case and the Zondo Commission.

“Nobody asked why those cases didn’t go to the High Court first. Why now?” he asked.

However, the court found that the matter did not meet the threshold for either exclusive jurisdiction or direct access, effectively suggesting the MK Party should first have approached the High Court.

MKP spokesperson Nhlamulo Ndhlela expressed disappointment and outrage at the decision.

“Look, we have to consult. This is a very serious issue. We’re going to consult. I need to consult with the national officials, obviously with our legal team, but as to what the next steps are. But in this country, quite honestly, this is more than anything else, just a travesty of justice,” he said.

Ndlela reiterated the party’s political response strategy, which included a motion of no confidence in Ramaphosa that has been tabled in Parliament.

He warned that street-level mobilisation could follow.

“In Parliament, we obviously now have tabled a motion of no confidence against the president. We mentioned that we are obviously going to take it to court, which is this case. And then the other one was that it’s going to be to the streets,” he said.

Pressed about their next legal steps, Ndlela was cautious, saying consultations would take place with national officials and legal advisers before any new course is pursued.

Mpofu did not rule out further legal action, hinting that the matter may yet be pursued in a lower court.

Despite the legal setback, the MK Party is unlikely to let the matter rest ahead of the local government elections on the horizon and national tensions simmering over issues of governance, policing and accountability.

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MK Party leader Jacob Zuma has issued a warm welcome to former Economic Freedom Fighters national chairperson Dali Mpofu, saying his party is yet to decide on the advocate’s position.

“We call on all members and leaders of uMkhonto weSizwe Party to warmly welcome Advocate Mpofu in the same way we welcome all members who are joining and will continue to join uMkhonto weSizwe,” he said on Thursday.

Zuma said in a statement that Mpofu’s involvement in unifying progressive forces predated the official launch of the MK Party in December 2023, and sang his praises for being part of the liberation struggle.

“[Mpofu] played a crucial role in the many underground dialogues and engagements that were held with different political parties and individuals on the need to unite all the progressive forces in South Africa to fight against the reintroduction of white minority rule in South Africa,” said Zuma.

He said Mpofu was a champion of justice and emancipation, and renowned for his unwavering commitment to fight for what was right.

The MK president said Mpofu’s record as a lawyer spoke volumes.

Mpofu left many in shock when he announced his resignation on Wednesday.

Following the 2024 general elections, the MK unseated the EFF as the third biggest party in Parliament. This was despite the MK contesting its first elections.

Mpofu’s new role in the MK is yet to be revealed.

But Zuma said that “with the massive political, ideological and organisational experience that he possesses, we will as the leadership collective of uMkhonto weSizwe decide on the specific role he will play in the organisation”.

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The Economic Freedom Party is continuing to bleed senior members, with the shocking announcement on Wednesday that advocate and apartheid activist Dali Mpofu is ditching the EFF for the MK Party.

“After a lot of soul searching, I have taken a decision that I will be joining the MK Party. I am joining MK because I believe that it is the vehicle through which we will achieve the much needed black and progressive unity,” Mpofu told the SABC.

He said that he conceptualised the MK, and took the initiative to unite black progressive parties, paving the way for a collaborative effort before the concept of MK gained widespread attention.

The move was aimed to consolidating forces and amplifying the voice of black South Africans in the political landscape.

“I am the one who was convincing the leadership of the EFF… even before the elections. Some of them were sceptical about the course of unity…, and particularly black progressive parties,” he added.

Mpofu joins the ranks of influential figures who have left the the EFF to join the MK Party.

Notable figures like former Public Protector Busisiwe Mkhwebane and Mzwanele Manyi, who were relatively new to EFF, have also made the switch.

The red berets were dealt a massive blow following the departure of its founding member and deputy president, Floyd Shivambu, which led to a chain reaction and exodus of party members.

There has also been speculation about the future of EFF chief whip Mbuyiseni Ndlozi due to his close relationship with Shivambu.

News was being shared on some WhatsApp groups on Wednesday that he had also resigned on Wednesday. But the speculation could not be confirmed.

He has rubbished claims in the past that he would follow in Shivambu’s footsteps.

EFF leader Julius Malema took to social media platform X on Wednesday, saying: “Only two more of your favourites remain, and the list will be finalised. They sing beautifully and are always willing to pose for pictures and sign roll-calls, but remember, their souls are long gone.”

Malema has warned the red berets to expect more members to leave the party in the interim, but it must not deter them from their mission to ensure economic emancipation.

“To prevent any potential hurt, it is crucial to heed the guidance of the leadership. We remain standing and are not going anywhere under a criminal syndicate,” he said.

Meanwhile, Mpofu said it was his idea to bring the MK in as a party to contest in the domestic political arena following the African National Congress’ 2022 conference.

However, he said that he reported every step of the developments to the EFF’s leadership.

“… at my level of political involvement, I cannot play double game. So, every step of the way of this project I was reporting to the EFF leadership,” he said.

Mpofu’s membership with the EFF has elapsed, and therefore, there was no need to tender his resignation.

“To be [honest], I have not informed the leader of the EFF, Malema. I have tried to reach (out) to him, but there is no need to inform anyone at any particular time.

“There is no bad blood… And I am sure that our paths will meet in this journey for black unity. There is nothing personal,” Mpofu added.

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Former North West premier Supra Mahumapelo and his supporters have identified Deputy President David Mabuza as one of the ANC leaders who caused chaos at provincial meetings that led to the sacking of the North West leadership.

Mahumapelo and his backers made this submission at the South Gauteng High Court on Wednesday through their lawyer, advocate Tembeka Ngcukaitobi.

They were referring to often chaotic ANC regional meetings held in the lead-up to the disablement of the ANC North West provincial executive committee (PEC). The group is represented by Ngcukaitobi and advocate Dali Mpofu.

The two argued that as a result of a decision by Mabuza and other ANC national executive committee members to allow ANC members and non-members to attend the meetings, the gatherings had become chaotic and given an impression of a dysfunctional provincial leadership.

The meetings were convened to assess the state of the province and its readiness to lead the party’s election plan – but following the chaotic scenes, the provincial leadership was disbanded.

“In a meeting of structures [of the ANC] all sorts of people, including opposition members, were allowed to attend,” said Mpofu.

He said members of the opposition and other non-ANC members acted rowdily – even in front of President Cyril Ramaphosa – because they weren’t obliged to respect someone who wasn’t their president.

Mahumapelo and his supporters want the court to find the decision to disband the North West PEC and appoint a task team null and void. They argue that the NEC disregarded a report by Obed Bapela, who was deployed by the national executive committee. Bapela, they say, advised against the disablement of the PEC.

They also say the party failed to consult with ANC branches and members, and failed to give reasons for the disbandment.

But Advocate William Mkhari, acting on behalf of the ANC, said it was not provided in the party’s constitution that the NEC should consult branches about a disablement.

Mkhari also argued that there would be no benefit in reinstating Mahumapelo and his PEC as their term was due to end on February 13, giving them just a few days in office.

Judgment has been reserved.

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