Ramaphosa's lawyers argue that probing claims against Mchunu would enable a dismissal in line with Constitution

JOHANNESBURG - Lawyers representing President Cyril Ramaphosa have argued that the need to investigate the allegations against Police Minister Senzo Mchunu would enable him to dismiss the minister in a way that is consistent with the Constitution.

The Constitutional Court is hearing a case brought by the MK Party to challenge Ramaphosa’s appointment of an acting minister while Mchunu is suspended.

Mchunu’s suspension was prompted by an explosive press briefing by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, where he made allegations about Mchunu’s links to a crime syndicate in Gauteng.

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The president has addressed Parliament and taken questions on his decision not to fire Mchunu but place him on suspension, to which he has responded that he cannot suspend Mchunu based on untested allegations.

On Wednesday, his lawyer, Advocate Ngwako Maenetje, took this argument a step further, saying the investigation into Mchunu in the form of a judicial commission of inquiry would enable the president to respond to the allegations in line with the Constitution and the principle of rationality.

"And we would submit that that need for investigation in that context is to enable the president to distress the power to dismiss in a manner that is consistent with the Constitution and the requirement of the principle of rationality."

Maenetje said that while there is no express provision that says the president can suspend a minister, it is implied in his power to appoint.

The president’s lawyers said it was good governance on the part of the president to remove Mchunu from his office, while he is being investigated.