President Cyril Ramaphosa is to defend the legality of placing police minister Senzo Mchunu on leave instead of firing him, and the appointment of acting police minister Firoz Cachalia, in the Constitutional Court this week.
The case, initiated by former president Jacob Zuma and the MK Party, on an urgent basis, is due to be heard on Wednesday.
The MK Party also wants the court to set aside the decision to establish a judicial commission of inquiry into alleged infiltration of the security cluster by a sophisticated criminal syndicate.
The president came to the decisions after KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi made damning allegations against Mchunu, saying police, prosecutors and judicial officers were part of a criminal syndicate controlled by drug cartels.
Zuma argues the president acted unlawfully in appointing Cachalia by relying on section 91(3) (c) of the constitution which empowers Ramaphosa to appoint no more than two ministers from outside parliament. Zuma contends the section does not make provision for the appointment of an “acting minister”.
Section 98 of the constitution stipulates that the president may assign to a cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.
Ramaphosa made reference to section 98 in his papers but contends he relied on section 91 (3) (c) in appointing Cachalia. The president also said Cachalia would first be appointed as a minister and thereafter be appointed as an acting minister for police.
Zuma, however, argued the president did not mention section 98 when announcing the appointment and that “is a clear smoking gun for irrationality. The president openly dodges the clear distinction between the power to appoint a minister and an acting minister. The two are plainly not the same,” he said.
“One resides in section 91(3) (c) and the other in section 98. The desperate attempt to conflate the two things, under oath, is unfortunate and regrettable. It ought to attract punitive order of costs.”
The MK Party argues the president had no legal powers to place Mchunu on leave. Zuma said it was “common cause” from the president’s answering affidavit that there was no provision in the constitution which empowers him to place ministers on leave of absence.
“The absurd defence is that the placing of minister [Zweli] Mkhize on special leave must have been unconstitutional. The fact that something was done before is no proof of its legality, then or now,” he said.
Ramaphosa denies placing Mchunu on leave is unlawful. He said he cannot dismiss ministers based merely on allegations.
The country’s four trade union federations are to jointly host the Labour 20 (L20) summit in George, Western Cape, on Monday and Tuesday.
The summit is convened under the global Group of 20 (G20) framework and represents an important step for the labour movement in the Global South, Cosatu, Fedusa, Nactu and Saftu said in a joint statement.
The summit offers a platform for workers to “shape international employment policies under the theme: ‘Fostering solidarity, equality and sustainability through a new social contract.’”
“As the SA government continues its host duties of the G20 presidency, this L20 is both historic and urgent. Workers across the world, particularly in developing economies, continue to face worsening conditions; informal employment is on the rise, real wages are stagnating, social protection systems remain fragmented and the labour income share of GDP continues to decline,” the federations said.
“These crises are worsened by geopolitical instability, a deepening climate emergency and rapid technological disruption through AI and algorithmic management.”
The L20 summit will deal with issues pertaining to decent work and wage justice; fighting inequality, green industrial policy and a just transition, among others.
On Tuesday, the select committee on agriculture, land reform and mineral resources in the National Council of Provinces (NCOP) is due to be briefed by the department of agriculture, land reform and rural development on the high level panel’s recommendation that the Extension of Security of Tenure Act and the Labour Tenants Act be amended and “be properly enforced, particularly the neglected redistributive components”.
The select committee on education and creative industries in the NCOP is set to be briefed by the department of higher education on schools accommodating learners with disabilities at early childhood development, primary and high school level including the training provided to educators on dealing with learners living with disabilities.
The select committee on appropriations in the NCOP is set to consider a draft report on the Eskom Debt Relief Amendment Bill.
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