The Constitutional Court on Thursday dismissed former president Jacob Zuma and his MK Partys case challenging President Cyril Ramaphosas decision to put police minister Senzo Mchunu on leave of absence, appoint Prof Firoz Cachalia as acting police minister and establish the Madlanga commission .
In handing down the apex courts unanimous order, justice Rammaka Mathopo said the application did not engage the courts jurisdiction. Also, no case had been made out for direct access to the Constitutional Court. Full reasons for the order would follow.
The decision clears the way for the president to appoint Cachalia, an appointment that was due to be made on Friday, and for the commission to proceed with its work.
In court on Wednesday the presidents legal team argued the case should not be entertained by the court and ought to have been brought to the high court.
Zuma and the MK Party went directly to the ConCourt on the grounds that it had exclusive jurisdiction and there are some matters only the ConCourt can decide, including a decision that the president has failed to fulfil a constitutional obligation. Failing that, they argued that even if the apex court did not have exclusive jurisdiction, the circumstances here were exceptional enough to warrant hearing it directly.