
The uMkhonto weSizwe Party (MK) disappointed following the Constitutional Court's judgement related to President Cyril Ramaphosa's decision to place Police Minister Senzo Mchunu on leave. Image: News24
(The Post News)- The uMkhonto weSizwe Party (“MK Party”)has voiced its disappointment following the unfavorable Constitutional Court (Concourt) judgement on Friday 31 July.
The Concourt dismissed MK Party’s application against Ramaphosa, citing the absence of exclusive jurisdiction for direct access.
“The Constitutional Court’s decision not to proceed with the application following the unlawful and irrational actions by Mr.Cyril Ramaphosa, namely placing his associate Senzo Mchunu on a supposed “leave of absence,”illegally appointing an external academic as the Acting Minister of Police and establishing an unnecessary judicial commission of inquiry to investigate grave allegations of judicial capture, is disappointing to say the least,” the party stated.
Zuma and the MK Party had declared Ramaphosa’s decision to place Minister Senzo Mchunu on leave of absence as irrational and inconsistent with the obligations in section 83(b)of the Constitution. They also stated in their application that the appointment of Professor Cachalia as Acting Minister of Police is unlawful and not inline with the obligations in sections 83(b)of the Constitution and the Presidential Oath of Office.
According to MK Party, the Concourt failed its responsibility to hold Ramaphosa constitutionally accountable, by not addressing the substantive constitutional issues and relying on procedural technicalities to dismiss the case.
“What is most appalling is the fact that this is the same court which used direct access and exclusive jurisdiction to send President Zuma to prison without referring the case to the High Court. Today, that court has no reason not to grant direct access on such an important matter,” MK Party stated.
MK Party further accused Ramaphosa of “failing” to mention anything tangible regarding the issue of direct access, citing that the President did not address the grounds that they raised.
The Party also added that the Concourt has, in the past, denied any right of appeal in critical cases such as Nkandla Case, the United Democratic Movement (UDM) vs. The Speaker secret ballot case, as well as the impeachment proceedings.
MK Party said in each of those instances, the public was about the necessity to uphold constitutional accountability and ensure that the sitting President was held to account.
“Mr.Ramaphosa enjoys the undue privilege of protection by the judiciary and has repeatedly been shielded by the Courts:from the concealment of his CR17 funders, whose identities remain hidden in the Gauteng High Court, to the failure to act honestly and transparently on the Phala Phala matter,” the party added.
The MK Party stressed out the continuation of the pattern of judicial protection, relating to the recent explosive revelations by Lt. General Nhlanhla Mkhwanazi about an alleged mafia-style network operating within the country.