By: Sthulile Mdletshe
The Constitutional Court has dismissed the MK Party’s urgent application challenging President Cyril Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave. The court ruled that the matter does not fall within its exclusive jurisdiction.
The MK Party had approached the apex court directly, arguing that Ramaphosa’s decision reflected political favouritism and amounted to shielding allies from accountability. The president placed Mchunu on leave following serious allegations of political interference made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi.
During the hearing, MK Party legal counsel, Advocate Anton Katz SC, argued that the president’s actions amounted to unequal treatment. He cited the removal of former Deputy Minister of Trade, Industry, and Competition, Andrew Whitfield, as a comparison, suggesting that Ramaphosa treats political opponents more harshly than allies.
However, in delivering the court’s decision, Justice Rammaka Mathopo stated that the matter does not fall within the Constitutional Court’s exclusive jurisdiction, effectively dismissing the application on procedural grounds.
