President Cyril Ramaphosa has defended his decision to appoint Firoz Cachalia as the acting police minister, saying it’s to protect the integrity of law enforcement agencies and to safeguard public trust.
In papers filed with the country’s top court, Ramaphosa said the costs involved in extending his Cabinet by another member are also justifiable for these reasons.
The president’s recent decisions to place Minister of Police Senzo Mchunu on special leave, replace him with Cachalia and establish a commission of inquiry into allegations of corruption with the police are the subject of a legal challenge by the uMkhonto weSizwe (MK) Party, which is due to be heard in the Constitutional Court on Wednesday.
Firoz Cachalia
Ramaphosa has denied treating Mchunu as an ally in forming his decision to place him on special leave, rather than firing him as suggested by the MK Party.
Ramaphosa said to do so on untested allegations would destabilise the executive.
He said he’s acting within his constitutional powers to place a minister who’s facing serious allegations on leave and not to assign him any powers.
Ramaphosa added that placing a minister on special leave is not unprecedented, and that former Minister of Health Zweli Mkhize received the same treatment following allegations of impropriety related to COVID-19 procurement.
“Were I not empowered to suspend a minister pending the outcome of an investigation of allegations against him or her, I would be compelled in all cases, regardless of the circumstances, to dismiss that minister simply on the basis of allegations against him or her, even if they may, on investigation, turn out to be unfounded. This would unduly limit my powers to exercise my judgement on the merits of each case and to determine, based on the circumstances of each case, the appropriate course of action.”
Ramaphosa said that appointing Cachalia using his executive powers, permitting a parliamentary outsider to serve in Cabinet, rather than to appoint an existing member to the job, is to protect the legitimacy and integrity of the criminal justice system.
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