Blow to the MK Party as ConCourt dismisses its urgent legal case against Ramaphosa

The Constitutional Court has unanimously dismissed the urgent application against President Cyril Ramaphosa by the uMkhonto weSizwe (MK) Party and former President Jacob Zuma.

Zuma and his MK Party’s application sought to challenge the constitutionality of Ramaphosa’s decision to place Police Minister Senzo Mchunu on garden leave, appoint Professor Firoz Cachalia as acting minister, and establish a commission of inquiry.

The MK Party argued that the move was unconstitutional and had legal and procedural violations.

However, the apex court found that the matter did not fall within its jurisdiction and that the applicants had not made a case for direct access.

This means that Zuma and his party’s efforts to prevent Ramaphosa from appointing Cachalia as acting police minister starting Friday, 1 August, have failed.

However, they now have the option to pursue a legal challenge in the High Court.

MK party national spokesperson Nhlamulo Ndhlela said they will be consulting party officials.

“This is a very serious issue, and 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.”

“Quite honestly, this is more than anything else, just a travesty of justice,” claimed Ndhlela

Zuma’s counsel, Advocate Dali Mpofu, said the former president has expressed “his own shock” at the ruling.

“I don’t know what’s going to happen in the future in relation to this matter, we might be back in this court or we might be in another court”.

The ruling came less than a day after the MK Party argued that Ramaphosa should have dismissed Mchunu over allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

In an early July press conference, Mkhwanazi made bombshell allegations of corruption and criminal capture in the police, judiciary, metro police, and correctional services.

Mpofu told the court that Ramaphosa overstepped his constitutional powers by placing Mchunu on “leave of absence” and then delegating his ministerial duties to someone outside Cabinet.