Ramaphosa's decision to appoint Cachalia was in interest of maintaining stability & integrity of Cabinet, court told

President Cyril Ramaphosa’s lawyers have argued that his decision to appoint Firoz Cachalia as acting police minister was in the interest of maintaining the stability and integrity of the Cabinet.

The MK Party has approached the court for a third time to challenge Cachalia’s appointment and Senzo Mchunu’s special leave.

The president made the adjustments to his executive following KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi’s explosive press briefing in July, where Mchunu was implicated.

ALSO READ: No rational link between placing Mchunu on special leave and outcomes of Madlanga Commission, court told

The party and its leader, former President Jacob Zuma, want the court to declare the move and the setting up of the Madlanga Commission unlawful.

According to the MK Party and Zuma, the Constitution does not explicitly state that President Ramaphosacan place a minister on leave of absence, instead this time of leave can only be granted not imposed.

But Ramaphosa’s lawyers disagree, saying if the president has the power to fire and hire, he should be able to do everything else in between.

Advocate Ngwako Maenetje: "One of the reasons why he placed Minister Mchunu on special leave was to protect the integrity of the national executive that in the meantime while there is serious allegations against a member of the national executive, in his judgement, they must be subjected to investigation before he can act."

While the high court ruled in September that the proverbial horse had already bolted with Cachalia appointed and the Madlanga Commission under way, the MK Party said this case was about upholding the rule of law.