President Cyril Ramaphosa has argued that he cannot have exercised his constitutional power to dismiss Police Minister Senzo Mchunu without first investigating allegations against him. Ramaphosa was responding in the urgent application lodged by former President Jacob Zuma and the MK Party in the Constitutional Court.
The application claims three inter-related decisions taken in response to corruption allegations made by Kwazulu Natal Police Commissioner Nhlanhla Mkhwanzi were unlawful and unconstitutional.
Ramaphosa placed Mchunu on special leave, appointed Professor Firoz Cachalia to act in his position, and established a Judicial Commission of Inquiry.
Counsel for President Cyril Ramaphosa Advocate Ngwako Maenetje, says, That need for investigation in that context is to enable the president to discharge the power to dismiss in a manner that is consistent with the constitution and the requirement of the principle of rationality. Because the principle of rationality requires that the process leading to the taking of the decision, in this case the dismissal of the minister, the process must itself be rational because it must inform the president properly on whether there is a basis to dismiss. And the president says, I cant reach that decision lawfully, consistent with the constitution without giving the opportunity for those allegations, broad allegations being investigated.
Advocate Dali Mpofu has argued that it was illegal for President Ramaphosa to have placed Mchunu on special leave and appoint Professor Cachalia to act in his position.