MK Party loses bid to challenge Mchunu’s suspension, establishment of Madlanga Commission

The Pretoria High Court has dismissed the uMkhonto weSizwe (MK) Pary’s bid to challenge the suspension of Senzo Mchunu as police minister and the establishment of the Madlanga Commission of Inquiry.

This is the party’s third loss in this matter after they were refused direct access to the Constitutional Court in July, and it was dismissed for lack of urgency in September.

The party and its leader, former President Jacob Zuma, argued that the president acted unlawfully following the explosive press briefing by KwaZulu-Natal (KZN) Police Commissioner Nhlanhla Mkhwanazi.

While the MK Party had challenged the decision to place Mchunu on special leave, saying the president only has power to hire and fire members of the executive, Ramaphosa’s lawyers had argued that he has implied power to suspend or place a memder of the executive on special leave.

In the latest judgement, the full bench in the Pretoria High Court has ruled that to fire Mchunu outright based on untested allegations could be assailed as irrational.

They said that there must be power to protect the public' confidence in the executive and to investigate whether there are grounds for a dismissal.

While the MK Party also argued against the Madlanga Commission, saying the judiciary, which is implicated in wrong doing, is investigating itself, the court has ruled that the president rationally applied his mind in the establishment of the commission and it is a decision that cannot be faulted from a point of legality and rationality.