Senzo Mchunu's ‘paid political holiday’ slammed as Ramaphosa urged to fire minister

Police Minister Senzo Mchunu is on a “paid political holiday,” a legal expert and political analyst said, after explosive allegations from KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi linked him to interference in police work and protection of criminals.

Speaking to IOL News, Willie Spies from Hurter Spies Attorneys said President Cyril Ramaphosa’s decision to place Mchunu on special leave, allows him to get his full ministerial salary and benefits while still under investigation.

“Unfortunately, yes,” said Spies, when asked if Mchunu’s leave of absence constituted a “paid political holiday.”

“The president has the prerogative to dismiss any minister or deputy-minister. He did so with (Democratic Alliance) Deputy Minister of Trade, Industry and Competition Andrew Whitfield for a minute transgression, but he displayed endless patience with the transgressions of his ANC colleagues.”

“Leave of absence costs the taxpayer a tremendous amount of money, because Minister Mchunu still receives the salary and benefits of a cabinet minister,” he added. 

Under his fully paid leave of absence, Mchunu is expected to retain his ministerial salary and perks, including blue lights and access to ministerial houses, while also he is expected to carry on with his normal functions in Parliament as an ANC MP. 

Ramaphosa remains under pressure from political parties including the EFF and the MK Party, to fire Mchunu outright, as they argue there is no provision in the Constitution for placing a minister on special leave. 

This comes as Mchunu has been at the centre of controversy over the past week after Mkhwanazi accused him of being entangled in a powerful syndicate linked to drug cartels and influential business interests.

In explosive allegations, Mkhwanazi accused Lieutenant-General Shadrack Sibiya, the deputy national commissioner for crime detection, who has also been placed on leave, of colluding with Brown Mogotsi, an information dealer from the North West, and Mchunu, in an alleged plot to disband the KwaZulu-Natal political killings task team that has been at the centre of recent law enforcement efforts.

According to Mkhwanazi, Mchunu disbanded the unit in March, effectively withdrawing 121 active dockets, many of which were linked to politically motivated killings. 

He presented WhatsApp messages, South African Police Service (SAPS) documents, and cellphone records, alleging a coordinated effort to dismantle the unit.

Mchunu, in a letter dated December 2024 to National Police Commissioner General Fannie Masemola, claimed the unit had “outlived its usefulness.”

In response to the mounting scandal, Ramaphosa established a Judicial Commission of Inquiry to probe the allegations and placed Mchunu on special leave.

On Tuesday, Ramaphosa appointed Gwede Mantashe, the current Minister of Mineral and Petroleum Resources, as the acting Minister of Police, effectively immediately.

Mantashe will oversee police matters while retaining his existing portfolio in mineral and petroleum resources. 

Professor Firoz Cachalia, who has served in various educational roles, is set to succeed Mantashe at the helm of police leadership in August, following his retirement from the University of the Witwatersrand at the end of this month. 

Speaking to the media at Luthuli House, in Johannesburg on Tuesday, ANC secretary general Fikile Mbalula confirmed that Mchunu remains a Member of Parliament, and will continue with his MP responsibilities.

“"Ministers are members of parliament. Mchunu will work in parliament to execute the duties he is expected to perform as an MP,” he said.

Mchunu is also a member of the ANC’s National Executive Committee (NEC) and National Working Committee (NWC).

Meanwhile, Spies clarified the distinction in responsibilities and expectations between a Cabinet Minister and an ordinary MP, saying that Mchunu while on leave - will not be assigned to any parliamentary committees.

“Ordinary MP's attend portfolio committees, oversight visits and sessions of the National Assembly, but because he is still a serving minister on paid leave, he won't have any memberships of portfolio committees,” he said. 

“His only duty is to pitch up for sittings of the National Assembly or to provide an apology if he doesn't,” he said.

When asked if it was allowed under the Constitution for someone to step back from their ministerial duties but still stay on as an MP and get paid, Spies confirmed that it is allowed, though questionable in principle.

“Yes, it happens all the time. Zwele Mkhize was treated similarly in June 2021. Ministers left out of cabinet continue to serve as MPs but then they get responsibilities such as committee memberships.”

“I don't think it creates confusion, but the more prudent action for the president would have been to reshuffle the cabinet and leave Mr Mchunu out, until he is cleared of all the allegations against him,” Spies added.

Independent political analyst Goodenough Mashego said Mchunu being placed on special leave speaks volumes about the loyalties Ramaphosa is trying to protect.

“I think him being on special leave or removed from his position really speaks to the kind of loyalists that Cyril Ramaphosa is trying to protect,” Mashego said. 

“Because being on special leave as a minister simply means you are still getting the perks.”

“Regardless of being a Member of Parliament, it means you are an extraordinary member of Parliament because you’re sitting in Parliament and not exercising your duties as a minister, but you are still enjoying the benefits of a minister. That’s quite different from being an ordinary member of Parliament.”

Mashego said it would have made more sense if Mchunu had been placed on special leave without returning to Parliament.

“That would really be a paid holiday, and it would be obvious to everyone. But the way it's being done now - having someone who is a member of Parliament and not staying home, yet still receiving the benefits of a minister - that alone makes it a paid holiday,” he said.

Mashego added that Mchunu, by remaining in Parliament, is expected to continue his duties of holding the executive accountable.

“The executive is made up of the President and Cabinet ministers. They are the ones who make government decisions, so it’s Parliament’s role to hold them accountable,” he said.

However, he questioned the logic of Mchunu holding others accountable while still technically part of the executive.

“If Senzo Mchunu is on a leave of absence as a member of the executive, it doesn’t really make sense who he would be holding accountable as a member of Parliament - while he remains part of the executive and isn’t fulfilling his ministerial responsibilities,” Mashego said.

simon.majadibodu@iol.co.za

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