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The announcement that Professor Firoz Cachalia is set to be appointed Acting Minister of Police by President Cyril Ramaphosa has sparked significant debate regarding its constitutional legitimacy.

Granted, Section 91(3)(c) of the Constitution permits the President to appoint up to two ministers from outside the National Assembly. This is the provision cited by the President in his announcement on Sunday evening. However, several constitutional experts have pointed out that the Constitution does not appear to provide for an “acting” minister to be appointed from outside the current Cabinet. Concerns have been raised that this move may constitute an overreach of executive authority and could potentially be challenged as unconstitutional.

As ActionSA, we call for an independent legal review of Professor Cachalia’s appointment and urge Parliament and the courts to bring finality to this constitutional concern, so that the country can focus its attention on the serious issues raised in the recent exposé by KwaZulu-Natal Provincial Commissioner, Lieutenant-General Mkhwanazi.

It has also come to our attention that Professor Cachalia has publicly criticised Lieutenant-General Mkhwanazi’s media briefing, which revealed widespread allegations of criminal infiltration and corruption within the SAPS. This is deeply concerning for several reasons:

Whistle-blowers such as Lieutenant-General Mkhwanazi must be supported and protected, not criticised, when exposing corruption in the public interest. It is particularly troubling that such criticism has come from an “Acting Minister of Police” even before formally assuming his duties, which require high levels of emotional maturity and impartial judgement.

Any statements or actions that may be perceived as discouraging transparency or intimidating whistle-blowers send the wrong message to the public and risk undermining the broader fight against corruption.

We also find it highly irregular that Professor Cachalia was only approached to take up this role an hour before the announcement was made public by the President. Given the gravity of this appointment and the sensitive circumstances that necessitated it, one would reasonably have expected more substantial consultation with Professor Cachalia and perhaps even consideration of alternative candidates prior to a formal announcement.

We urge all public officials, including Professor Cachalia, to reaffirm their commitment to supporting those who risk their lives and careers to expose the truth. We further call for sustained transparency and proactive disclosure around the selection and backgrounds of individuals appointed to key leadership positions, particularly during this critical period for our country’s policing institutions.

Issued by ActionSA President Herman Mashaba