ConCourt ruling paves the way for Madlanga inquiry
The Constitutional Court yesterday cleared the way for Professor Firoz Cachalia to be officially sworn in as Acting Police Minister today.
The court dismissed former President Jacob Zuma and the MKP’s case against President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on leave and appoint Cachalia as Acting Minister.
It has been reported that the Presidency said Cachalia is a globally regarded scholar with expertise in constitutional law.
The court’s decision also gives the green light for the Madlanga Commission of Inquiry to commence its work.
The Daily Maverick reports that the establishment of the commission was announced by Ramaphosa in July after the explosive allegations made by KZN Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi at a press conference on 6 July.
The official opposition in Parliament had approached the apex court on an urgent basis to oppose the appointment.
At the heart of its argument was that Ramaphosa failed to meet his constitutional responsibilities by opting not to dismiss Mchunu outright, instead placing him on special leave with full pay and perks, and appointing Cachalia, who is not a Cabinet member, as Acting Minister.
EWN reports that Cachalia will be the first Minister in this administration to be chosen from outside of Parliament.
Cachalia yesterday retired as an academic from Wits University. While he will sit in Ramaphosa’s Cabinet, he won’t be an MP.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
