The Pretoria High Court has struck off the urgent application by the uMkhonto weSizwe Party (MK Party) and its leader, former President Jacob Zuma, which sought to halt the operations of the Madlanga Commission of Inquiry. The court ruled on Thursday that the party’s bid is not sufficiently urgent and therefore cannot be heard on its merits at this time.
In its ruling, the court found that the MK Party’s case did not meet the threshold of urgency required for the High Court to entertain an interdict before hearing the full merits. “The matter is not urgent,” the court stated.
The judgment means that although the MK Party challenged several key decisions — including the establishment of the Madlanga Commission, the appointment of a sitting judge (Justice Mbuyiseli Madlanga) to lead the inquiry, the placing of Police Minister Senzo Mchunu on special leave, and the appointment of Professor Firoz Cachalia as acting Police Minister — those challenges must await a full hearing.
MK Party’s legal team argued that the Madlanga Commission is unconstitutional, in part because its mandate includes investigating allegations of misconduct that could implicate members of the judiciary. They said this posed a conflict of interest, invoking the legal principle that one may not be a judge in their own cause.
They also contended that the terms of reference of the commission improperly usurp powers constitutionally assigned to the Judicial Service Commission (JSC) and the Magistrates Commission — bodies charged with oversight and discipline within the judiciary. In addition, the MK Party alleged that President Cyril Ramaphosa acted in bad faith and violated the Constitution when placing Senzo Mchunu on leave and appointing someone else in an acting capacity.
While the full text of the judgment is not yet in the public domain, the court did explicitly hold that MK Party’s “application … will not be heard on its merits at this time” due to lack of urgency.
Because the urgency challenge was struck off the roll, the Madlanga Commission will continue its hearings without interruption, at least for now. MK Party and Zuma will have to wait until the full court proceedings on the merits are scheduled before their constitutional objections are heard.
President Ramaphosa’s administration welcomed the decision, seeing it as affirmation that the commission may proceed while legal challenges run in parallel.
Opponents, however, including MK Party, say that beginning the inquiry while parts of its legality are under court challenge prejudices their case and undermines public confidence.
The court’s ruling today does not settle whether the Madlanga Commission is lawful; rather, it determines that the MK Party’s challenge will not disrupt the commission’s operations in the short term. Whether the commission’s mandate, structure, or leadership violate constitutional norms will be decided when the case is heard on its merits.
