South Africa: Concourt Judgment Reserved On Legality of Ramaphosa's Actions in Wake of Mkhwanazi Allegations

After hours of intense arguments in an urgent legal matter between the uMkhonto weSizwe party and President Cyril Ramaphosa in the Constitutional Court, judgment was reserved.

President Cyril Ramaphosa is trying to "have his cake and eat it" by appointing Firoz Cachalia as acting minister while keeping his ally, Police Minister Senzo Mchunu, on special leave with full salary and benefits, the Constitutional Court heard on Wednesday.

The uMkhonto weSizwe (MK) party argues that Ramaphosa failed to meet his constitutional responsibilities by opting not to dismiss Mchunu outright, instead placing him on special leave, and appointing Firoz Cachalia, who is not a Cabinet member, as acting minister.

The official opposition in Parliament approached the court on an urgent basis, urging it to rule before Cachalia officially assumes the role on 1 August.

Advocate Dali Mpofu appearing for Jacob Zuma and the MK Party said section 98 of the Constitution only allowed transferring duties between existing Cabinet members, while section 91(3)(c) allowed only permanent non-MP ministers, not interim appointments, making the acting appointment unconstitutional.

'Just senseless'

"There's no such thing as placing a person on leave of absence. So, you can't have power to do something that's just senseless. Leave of...

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