MK Party Accuses Cyril Ramaphosa of Abusing Constitution, Wants ConCourt to Set Aside His Decisions

MK Party Accuses Cyril Ramaphosa of Abusing Constitution, Wants ConCourt to Set Aside His Decisions

  • The uMkhonto weSizwe (MK) Party has asked that the Constitutional Court set aside President Cyril Ramaphosa's decisions
  • The party believes that the president abused the Constitution by placing Police Minister Senzo Mchunu on leave
  • The president's defence argued that the matter did not fall within the Constitutional Court’s exclusive jurisdiction
The MK Party has acccused President Cyril Ramaphosa of abusing the Constitution
The MK Party has acccused President Cyril Ramaphosa of abusing the Constitution and asked that the ConCourt set aside three of his decisions. Per-Anders Pettersson/ Darren Stewart
Source: Getty Images

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

GAUTENG - The uMkhonto weSizwe (MK) Party has accused President Cyril Ramaphosa of abusing the Constitution through the decisions he made during a family meeting on Sunday, 13 July 2025..

Lawyers for Jacob Zuma and the party made the assertions in the Constitutional Court on 30 July 2025. Zuma and his party have taken Ramaphosa to court as they are unhappy with his decision to place Police Minister Senzo Mchunu on special leave.

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The party has also asked the court to set aside his decision to appoint Firoz Cachalia as Acting Police Minister, and his establishment of a judicial commission of inquiry to investigate Lieutenant General Nhlanhla Mkhwanazi’s allegations.

The MK Party took Cyril Ramaphosa to the Constitutional Court over his decisions.
The MK Party's urgent application was heard in the Constituional Court. Image: @SABCNews
Source: Twitter

What did the MK Party’s lawyers say?

During a lengthy day of proceedings at the Constitutional Court in Braamfontein, Johannesburg, Zuma’s lawyers said that another commission of inquiry and two police ministers were not in the best interest of the country.

Advocate Dali Mpofu argued that the law was clear, saying that if Ramaphosa wanted Professor Cachalia in that position, he would then have to dismiss Minister Mchunu.

"The problem with this president is he literally wants to do what is called have your cake and eat it too. So, he wants to appoint Professor Cachalia, and he wants to save Minister Mchunu.
“This whole manoeuvre is about that. How do I save my friend and close political ally, give him a salary for the next three years, five years, God knows for how long, while he's doing nothing?" Mpofu said.

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He also questioned what the point of a commission was when the government failed to act against those mentioned in the state capture report. Mpofu argued that being implicated in corruption didn’t get you a punishment, but instead a promotion.

How did Ramaphosa’s team respond?

Addressing the court on behalf of the President, Kate Hofmeyr SC said that the matter did not fall within the Constitutional Court’s exclusive jurisdiction.

The MK Party opted to escalate the matter straight to the ConCourt, without having it heard in any other court in the country. Cases can be escalated to the Constitutional Court through various means, including appeals from lower courts. Cases are granted direct access only in exceptional circumstances. Hofmeyr argued that this case was not one of those matters.

The president has previously stated that it would be unfair to fire Mchunu based on untested allegations alone.

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Judgement in the case has been reserved and a verdict will be delivered once it is made. The court’s decision will have to be made before 1 August, the day Professor Cachalia was set to take over as Acting Police Minister.

MK Party files motion of no confidence

Briefly News reported that the MK Party also filed a motion of no confidence in the president.

The party cited a range of concerns about Ramaphosa, from the rising crime to national security failures.

South Africans shared their thoughts on the party's plan, debating whether it would work.

Source: Briefly News

Authors:
Byron Pillay avatar

Byron Pillay (Current Affairs Editor) Byron Pillay is a Current Affairs Editor at Briefly News. He received a Diploma in Journalism from the Caxton Cadet School. He spent 15 years covering politics, crime and current affairs. He was also the Head of Department for Sports Brief, where he covered both local and international sporting news. Email: byron.pillay@briefly.co.za

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