South Africa has a new acting police minister

Professor Firoz Cachalia has been sworn in as South Africa’s new acting police minister, now forming part of President Cyril Ramaphosa’s cabinet.

Cachalia, who formerly taught law at the University of Witwatersrand, took an oath of office at the Union Buildings in Pretoria on Friday morning.

He will replace Gwede Mantashe, who has occupied the position since former minister Senzo Mchunu was placed on an indefinite leave of absence in mid-July.

This follows several allegations by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi implicating Mchunu.

These allegations include colluding with criminal syndicates and interfering with work done by the South African Police Service by disbanding the Political Killings Task Team.

As a result, Ramaphosa announced the Madlanga Commission of Inquiry, which will probe Mkhwanazi’s allegations, and that Cachalia will fill in for Mchunu while the process unfolds.

Cachalia said he is aware of the challenges of his new portfolio and is committed to prioritising the safety and security of the public.

“I don’t think there are any specific fears going into this portfolio. I understand the moment the country is in and the weight of my responsibility, together with the others in government,” he said.

“I want to assure the public that their safety and security is uppermost in my mind. That’s what I am going to focus on, and I hope that I will be able to take the country forward.”

Because Mchunu has not officially been removed from the position, the portfolio currently has two ministers, which Ramaphosa addressed after Cachalia was sworn in.

“I know there is a technicality about seeming to have two Ministers in the same portfolio, and that is a matter I do believe is going to be resolved within a short space of time,” Ramaphosa said.

The appointment drew criticism from the MK Party, which challenged the decision in the constitutional court based on the fact that Cachalia was not a cabinet member.

They argued that while the President holds the power to appoint or dismiss ministers, this does not extend to suspending them or assigning their responsibilities to individuals outside of cabinet.

“The president cannot assign the powers or functions of Minister Mchunu to a non-member of cabinet. The appointment of Cachalia is ultra vires the Constitution,” MK representatives argued.

Ramaphosa’s senior counsel, Ngwako Maenetje SC, defended the appointment of Cachalia and described him as a qualified former MP and legal expert.

“The president says he is not in a position to exercise the discretion to dismiss without those allegations being investigated,” he said.

The court ultimately reserved judgment on the matter.

Cachalia served in the Gauteng provincial legislature, becoming the Speaker between 1999 and 2004. Following this, he served on the province’s executive council for for Community Safety and then Economic Development.

He has also been chair of the National Anti-Corruption Advisory Council since 2022.