MK Party vows to fight on despite court setback

The MK Party’s Gauteng spokesperson, Abel Tau, says although the Pretoria High Court dismissed their challenge on the legality of the Madlanga Commission, the party remains committed to continuing the fight.

The official opposition had taken President Cyril Ramaphosa to court, questioning both the legality and independence of the commission. The party argued that Justice Madlanga should not preside over an inquiry that implicates members of the judiciary.

However, the court ruled the matter was not urgent and noted that the commission was already underway.

While contesting the establishment of the commission, the MK Party has also challenged the President’s decision to place Police Minister Senzo Mchunu on special leave and to appoint Professor Firoz Cachalia as acting minister in his place.

The party accused Ramaphosa of acting in bad faith, labeling him a “constitutional delinquent” for failing to dismiss Mchunu following corruption allegations. They claim the President’s actions are unconstitutional, irrational, and violate his oath of office.

Tau says the party will continue to challenge Ramaphosa’s decisions, pledging to revisit their strategy to tackle the matter more effectively. He described Justice Madlanga’s decision to commence the inquiry as suspicious, suggesting it was intended to pre-empt their call for urgency in court.

Critics have accused the MK Party of pursuing political points through the matter.

Tau admitted the party seeks political traction but insisted their stance also represents a rational voice opposing what they call the ANC’s irrationality.

Advocate Madonsela, representing President Ramaphosa, argued that the MK Party is exaggerating the urgency of the case by politicizing the disbandment of the political killings task team. Madonsela dismissed the party’s plea for urgency after its lawyer, Advocate Dali Mpofu, argued that slain political figures deserve justice.

He pointed out that the party’s founding affidavit made no reference to urgency and insisted the court should focus on the legality and independence of the Madlanga Commission, as originally intended.

Madonsela further noted that the political killings task team issue is already being addressed within the commission, urging the court to dismiss the MK Party’s request.

Advocate Mpofu argued that the legitimacy of the Madlanga Commission must be tested urgently, stating it is inconsistent with the Constitution.

The MK Party maintains that Justice Madlanga should not preside over an inquiry implicating members of the judiciary and that the commission risks wasting taxpayers’ money without delivering meaningful results.

The party also criticised Ramaphosa’s decision to place Police Minister Senzo Mchunu on special leave, accusing him of selective discipline within his Cabinet. They contend the President overstepped constitutional bounds by appointing someone outside the security cluster—Professor Firoz Cachalia—as acting minister.

Written by: Odirile Rabalao