By Lesedi Sibiya-Diplomatic Insider
This Presidency hosted a ceremony in order to swear-in new acting Minister of Police, Prof. Firoz Cachalia today at the Union Buildings.
Prof. Firoz Cachalia, who served as an anti-apartheid activist and has a vocation in law and academia, was appointed by President Cyril Ramaphosa which was not taken kindly by the UmKhonto weSizwe Party (MK).
They (MK) submitted an application to the Constitutional Court, rendering that the appointment of Prof. Cachalia is unconstitutional, due to the fact that Professor Cachalia is not a member of Parliament in any sort of way.
“In accordance with section 91(3)(c), President Cyril Ramaphosa announced the appointment of Prof. Cachalia as Minister in the national executive with the expressed intention that following the swearing-in, Minister Cachalia will be designated to act as Minister of Police.” via a statement released by the Presidency.
Senze Mchunu who served as Minister of Police prior to Professor Cachalia’s appointment has been put on indefinite leave following allegations of police interference made by KZN Police Commissioner Lt-Gen Nhlanhla Mkhwanazi.
MK Party’s legal representative Dali Mpofu has expressed that Ramaphosa’s decision of making this appointment is “unconstitutional and ultra vires”.
He also made mention that the President had gone above the constitution by putting Mchunu on indefinite leave and appointing someone who is outside of the cabinet. Mpofu also stated that it contradicts section 98 of the constitution which clearly gives the correct protocol on appointing acting Ministers when a member of cabinet is absent.
“Section 98 mandates that only a cabinet member may be appointed to act in another’s place. Ramaphosa’s failure to comply is a breach of a constitutional obligation.” stated Mpofu at the Apex Court on Wednesday.
