EFF seeks clarity from Ramaphosa concerning suspension of Police Minister Mchunu
It’s not the only party questioning Ramaphosa’s decisions, with the uMkhonto weSizwe (MK) Party has also indicated that it’s drafting papers for a Constitutional Court challenge.
President Cyril Ramaphosa addressed the National Council of Provinces (NCOP) in Parliament, Cape Town on 28 November 2024. Picture: Phando Jikelo/Parliament
CAPE TOWN - The Economic Freedom Fighters (EFF) has sent President Cyril Ramaphosa a lawyer’s letter, asking him to clarify his actions concerning suspended Police Minister Senzo Mchunu.
The party does not believe Ramaphosa’s actions related to his Cabinet in the wake of corruption allegations against Mchunu are sound in law.
Primarily, the EFF argues Ramaphosa doesn’t have the powers to put a minister on special leave.
It’s not the only party questioning Ramaphosa’s decisions; the uMkhonto weSizwe (MK) Party has also indicated that it’s drafting papers for a Constitutional Court challenge.
On Tuesday night, the Presidency announced that Mineral Resources Minister Gwede Mantashe will hold the fort in the police ministry until Firoz Cachalia can step into the position from next month.
But in a legal letter sent by the EFF to the Presidency, the party is asking the president to clarify whether Mchunu will be exercising any powers or discharging any functions during his indefinite leave period.
The party said all ministers must have functions assigned to them, and if Ramaphosa has lost confidence in a minister’s ability to fulfil their obligations, they must be reassigned or dismissed from Cabinet.
The EFF said it’s particularly concerned that a minister without powers or functions is entitled to remuneration and benefits without performing the job of a Cabinet minister.
“It is inconceivable that the Constitution was designed to permit the appointment of Cabinet ministers who do not discharge the power or perform the function of a cabinet minister but retain the full pecuniary and potentially political benefits thereof,” reads the lawyer’s letter.
The EFF contends that this unlawfulness is compounded by the appointment of an acting minister from outside of Parliament who will receive the same remuneration.
“The taxpayer would be paying twice, but for one person to do the job of Minister of Police whilst the other is not required to do anything at all. In our client’s respectful view, this is an abuse of the president’s constitutional authority and makes a mockery of good governance,” said the EFF.
The EFF wants the president to also clarify whether Cachalia will only act in the position, arguing that it’s not permissible to invoke the provision to appoint Cabinet members from outside Parliament for an acting role.