The uMkhonto we Sizwe (MK) Party has dramatically escalated its confrontation with President Cyril Ramaphosa, filing an urgent application at the Constitutional Court on Friday to declare several of his recent executive decisions unconstitutional — including the appointment of acting police ministers and the establishment of a judicial inquiry into police corruption.

The legal action coincided with a mass protest outside the Union Buildings in Pretoria, where hundreds of MK Party supporters, dressed in green, black and gold regalia, marched through the capital on Nelson Mandela Day, demanding Ramaphosa’s immediate resignation and warning of mass action if their demands are not met within 14 days.

At the heart of the MK Party’s grievances is Ramaphosa’s handling of the Ministry of Police following allegations of criminal syndicates infiltrating law enforcement. Police Minister Senzo Mchunu was placed on special leave earlier this week, but confusion arose after it emerged that Professor Firoz Cachalia — a respected academic and former ANC politician not currently serving in Cabinet — had been considered as acting minister.

Though the President later clarified and formally appointed Minister Gwede Mantashe as acting Minister of Police, the MK Party insists that the original move was unconstitutional.

Constitutional Challenge Filed

According to court papers seen by African Times, former president Jacob Zuma and the MK Party are the applicants in the matter, with President Cyril Ramaphosa, Minister Senzo Mchunu, Minister Gwede Mantashe, Professor Firoz Cachalia, and Deputy Chief Justice Mbuyiseli Madlanga named as respondents.

The urgent application, lodged on Friday at the Constitutional Court, seeks:

• A declaration that the President’s decisions — to place Mchunu on leave, to consider or appoint Cachalia as acting police minister, and to establish a judicial commission of inquiry — are irrational, unconstitutional, and invalid.
• An order setting aside these decisions with immediate effect.
• A directive for the President to make constitutionally compliant decisions within 15 days.
• Costs of the application on a punitive scale if the respondents oppose the matter.

The application is supported by an affidavit from MK Party deputy leader Dr. John Hlophe, the former Western Cape Judge President.

According to the notice, any party wishing to oppose the application must notify the applicants’ attorneys by 10h00 on Monday, 21 July 2025. The matter is expected to be heard on 28 July 2025 or on a date determined by the Chief Justice.

The applicants argue that Ramaphosa’s conduct violates Section 83(b) of the Constitution, which obligates the President to uphold, defend, and respect the Constitution as the supreme law of the Republic. They also cite Section 91(3), which stipulates that only Cabinet members can be appointed as ministers, and Section 98, which governs the appointment of acting ministers.

MK Party’s Memorandum of Demands

During the protest at the Union Buildings, MK Party National Organiser Joe Ndlela handed over a memorandum of demands addressed to the Presidency and the Police Ministry.

The MK Party labelled July as a “month of injustice”, referencing the deadly unrest of July 2021 and accusing Ramaphosa of having presided over “one of the most chaotic periods in democratic history.”

“We believe that Mr. Cyril Ramaphosa is not fit to lead our country and must do the honourable thing and resign immediately,” the memorandum reads.

Among the MK Party’s key demands:

• Immediate resignation of President Ramaphosa
• Immediate arrest of individuals implicated by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi
• The firing of Senzo Mchunu
• No judicial inquiry, but a direct court prosecution of alleged criminals
• Reinstatement of the KZN political killings task team
• Unsealing of the CR17 bank statements
• Full accountability in the Phala Phala scandal

The party has given the government 14 days to respond or face intensified national protest action.
Ndlela told joutnalists: “This President is using commissions of inquiry as a shield to protect criminals close to him. We want prosecutions, not reports that gather dust. The law must apply equally.”

He added: “The ANC of Cyril Ramaphosa has become a scavenger on the black working class. The ANC of Oliver Tambo is no more.”

Legal Experts Weigh In

Constitutional law experts say the application raises serious questions about presidential powers and the limits of executive discretion.

Professor Sipho Ngobeni, a constitutional scholar at Wits University, said the application touches on the controversial issue of direct access to the Constitutional Court, which is granted only under exceptional circumstances.

“If the applicants can demonstrate that the matter involves the exclusive jurisdiction of the Constitutional Court — such as the powers of the President — and that it’s urgent and in the public interest, the court may hear it,” Ngobeni said.

However, he cautioned that proving irrationality in presidential decisions requires a high threshold.

“Courts defer to the executive on many issues unless clear illegality or irrationality is shown,” he added.
Presidency Silent

Presidency spokesperson Vincent Magwenya had not responded to queries from African Times by the time of publication.

Earlier this week, Magwenya said the President’s decisions regarding the police ministry were “lawful and necessary” to ensure continuity during Mchunu’s absence.

However, the MK Party insists that the initial decision to consider a non-Cabinet member as acting minister — even if later corrected — cannot go unchallenged.

Broader Implications

This legal offensive comes after the MK Party was excluded from the Government of National Unity (GNU), despite being the third-largest party in Parliament. The party has since intensified its rhetoric against the Ramaphosa-led ANC and its coalition with the Democratic Alliance (DA).

Civil society organisations and opposition parties have expressed concern over the deepening political instability.

The Democratic Alliance called for calm and respect for constitutional processes, while ANC insiders dismissed the MK Party’s actions as “political theatre”.

But for MK Party supporters, the fight is just beginning.

“This is not just about legal technicalities,” said Ndlela. “This is about restoring the soul of this nation.”

The case is set to be one of the most high-stakes constitutional showdowns since Zuma’s own battles with the judiciary during his presidency. The outcome could have lasting implications for executive accountability, constitutional interpretation, and the balance of power in South Africa’s young democracy.