Zuma, MK Party challenge Madlanga Commission in urgent court bid. Image: EWN.
(The Post News)- The Pretoria High Court on Thursday heard heated arguments on whether the uMkhonto weSizwe (MK) Party’s challenge against President Cyril Ramaphosa should be treated as urgent.
The party and its leader, former president Jacob Zuma, are challenging the legality of the inquiry after the Constitutional Court denied them direct access in July. At the heart of their application is President Cyril Ramaphosa’s decision to place Minister of Police Senzo Mchunu on special leave following serious allegations by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.
According to MK in their court papers, President Ramaphosa acted in bad faith, dishonestly, and with improper motives. “He violated his constitutional obligations when he removed Minister Mchunu and replaced him with Firoz Cachalia as acting minister,” the party said.
The matter is before a full bench led by Acting Deputy Judge President Letty Molopa-Sethosa. Representing the MK Party, Advocate Dali Mpofu accused the president of trying to shield himself from scrutiny. “The president wants to avoid the merits of this case being heard. We cannot allow him to escape accountability through technicalities,” Mpofu argued.
He also urged the court not to repeat what he described as a pattern of dismissing the party’s challenges on procedural grounds. “We plead with this court not to give President Ramaphosa yet another victory on a technicality. The Constitutional Court has already denied our clients direct access, and justice must now be allowed to take its course,” Mpofu said. The party highlighted that the president’s actions were politically motivated and unfairly targeted Mchunu.
MK Party Seeks to Prevent Abuse of Power
MK Party spokesperson Nhlamulo Ndhlela stated, “We are before this court to ensure that the executive does not abuse its powers under the guise of legality.” The case coincides with day two of the Madlanga Commission, which has been tasked with probing allegations of misconduct within the police service. The party insists the inquiry should not proceed while its legality is under challenge.
“Why is a judicial commission, involving members of the judiciary, investigating allegations that are still disputed? This is not justice; it is persecution,” he said. MK added, “The judiciary cannot be both an accused institution and the investigating body via one of its own members.”
President Ramaphosa, however, has stood by his decision. “I have dealt with Minister Mchunu in accordance with my constitutional powers. There was no bias, no dishonesty, and no special treatment,” he said. The court is expected to rule on urgency on Thursday afternoon, a decision that will determine whether the substantive merits of the MK Party’s case are heard.
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