Constitutional Court Rejects MKP’s Urgent Appeal Against Minister Mchunu’s Special Leave
Johannesburg – The Constitutional Court has refused to entertain an urgent application from the uMkhonto we Sizwe (MKP) seeking to prevent the swearing-in of Professor Firoz Cachalia, who has been named the acting Police Minister.
The MKP also challenged President Cyril Ramaphosa’s decision to form a commission of inquiry to investigate allegations made by KwaZulu-Natal (KZN) Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.
The KZN police chief has made serious allegations against high-ranking officials, including Police Minister Senzo Mchunu, claiming political meddling in police operations and ties to criminal activities.
Minister Mchunu has been placed on special leave by President Ramaphosa pending the ongoing investigation.
On Wednesday, 30 July 2025, the MKP launched a vigorous challenge against President Ramaphosa’s arrangement, which also allowed Mines Minister Gwede Mantashe to act as interim Police Minister.
However, in a unanimous ruling on Thursday, 31 July 2025, the Constitutional Court dismissed the MKP’s application to contest Minister Mchunu’s special leave and the creation of the commission of inquiry, stating the applicants failed to show grounds for “exclusive jurisdiction” or justify “urgent direct access” to the apex court.
Justice Rammaka Mathopo rendered the verdict, emphasizing that there was no foundation for direct access to the Constitutional Court and that detailed reasoning for the decision would be provided later.
In the interim, the Presidency has confirmed that Professor Cachalia will be sworn in as acting Police Minister on Friday, 1 August 2025.
To clarify, the Presidency stated: “In accordance with section 91(3)(c), President Cyril Ramaphosa has confirmed the appointment of Professor Cachalia to the National Executive with the clear intent that, following the swearing-in, he will serve as Minister of Police on an acting basis.”
Disappointed MKP attorney Advocate Dali Mpofu argued that the decision to place Minister Mchunu on special leave was “illegal,” and indicated that the party’s legal team would evaluate the judgment and consider possible next steps.