JOHANNESBURG - Advocate Dali Mpofu, says placing a minister on leave without consent has no legal basis.
The uMkhonto weSizwe Party, and its leader, Jacob Zuma, are challenging President Cyril Ramaphosa's decision to place Police Minister Senzo Mchunu on special leave.
READ: MK Party takes Ramaphosa to ConCourt over Mchunu's special leave
Mpofu argues that such leave must be requested, not enforced, and only used when absolutely necessary.
MK Party believes Ramaphosa should have dismissed Mchunu not put him on special while getting all the benefits of being a minister. The party also argues that appointing Professor Firoz Cachalia as an acting minister while keeping Mchunu with full perks is 'irrational'.
President Ramaphosa’s counsel acknowledges that his powers do not include placing ministers on leave.
Advocate Ngwako Maentjie is representing Ramaphosa in the Constitutional Court, where the MK Party is challenging the decision to place Police Minister, Senzo Mchunu, on special leave amid corruption allegations.