Firoz Cachalia’s Appointment as Acting Police Minister Sparks Constitutional Debate

Professor Firoz Cachalia’s appointment as Acting Minister of Police has drawn criticism from political parties, including the Economic Freedom Fighters (EFF), Democratic Alliance (DA), and the uMkhonto weSizwe Party (MKP).

These parties argue that the appointment is unconstitutional, citing Section 98 of the Constitution. The section allows the president to assign duties of an absent minister to another sitting minister — not an external appointee.

In response, Cachalia dismissed the claims, saying the Constitution permits the president to appoint up to two ministers who are not members of Parliament.

“The president has strong constitutional powers to appoint Cabinet members. He is allowed to appoint two ministers from outside Parliament. Whether I will be sworn in as an MP remains to be seen. There are ample precedents,” said Prof. Cachalia.

Cachalia added that anyone questioning the legality of his appointment is free to approach the courts.

The MK Party has confirmed plans to take the matter to the Constitutional Court.

Retired Constitutional Court Justice Johann Kriegler weighed in, calling the situation “unprecedented,” but noted that only the courts can determine its legality.

Meanwhile, Deputy Police Minister Polly Boshielo addressed concerns about why she wasn’t appointed instead. She explained that, legally, a deputy minister cannot act as a full minister unless they are part of a Cabinet reshuffle.

The incoming Acting Minister of Police is currently a law professor at Wits.

He will begin his role of Acting Police Minister on 1 August 2025.