Ramaphosa's 'prerogative' to appoint Cachalia - expert
President Cyril Ramaphosa’s appointment of Professor Firoz Cachalia as Acting Minister of Police has sparked a constitutional debate.
Critics of the move believe the appointment is unlawful, while legal experts insist it falls squarely within the president’s constitutional powers.
Ramaphosa named Cachalia — a law professor, anti-corruption advocate, and former MEC for Community Safety in Gauteng — to temporarily step in for Minister Senzo Mchunu, who was placed on special leave following explosive allegations of political interference and corruption in the police service.
The leave comes in the wake of damning claims by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who alleged Mchunu colluded with a murder-accused businessman and dismantled a task team investigating political killings.
Critics, including the Economic Freedom Fighters and the uMkhonto weSizwe Party, have slammed the appointment as unconstitutional, arguing that Cachalia, who is not an MP or Cabinet member, cannot lawfully hold the post.
However, senior lecturer in Criminal and Procedural Law at the University of Pretoria, Dr Llewelyn Curlewis, says the Constitution does allow the president to make the appointment.
“In terms of the Constitution, specifically with reference to Section 91(3)(c), that is exactly on that basis that President Ramaphosa appointed Professor Cachalia.
"The State President does have the prerogative to appoint whoever he wants in the minister’s position and Cabinet."
Section 91(3)(c) permits the president to appoint up to two Cabinet ministers from outside the National Assembly — a clause often overlooked in political commentary.
Cachalia, who also chairs the National Anti-Corruption Advisory Council, is one of the country’s leading voices on public integrity.
The president’s decision not to elevate one of the existing deputy ministers has also raised eyebrows.
But Curlewis say it is not a requirement.
"The mere fact that we have a deputy minister who one would think would follow in the footsteps of the minister doesn’t mean that the State President cannot deviate from what seems to be the obvious choice.
"It’s an interim appointment, and whether it becomes permanent remains to be seen."
Ramaphosa’s broader announcement — establishing a judicial commission of inquiry into the Mkhwanazi allegations — has been welcomed by some, but also criticised as a possible delay tactic.
Acting Deputy Chief Justice Mbuyiseli Madlanga will chair the inquiry and will investigate allegations of criminal syndicate infiltration in law enforcement, political interference in investigations, and suppression of whistleblowers.
While placing Mchunu on leave, the president indicated that this was done at the minister’s request.
Curlewis says this is the beginning of a longer accountability process.
"My gut feeling is, if there is evidence implicating the current minister, then obviously disciplinary steps will have to follow; there is no other outcome I can foresee."
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