Constitutional Crisis Looms as Julius Malema Challenges Acting Minister Appointment

Julius Malema has intensified his constitutional showdown with President Cyril Ramaphosa, issuing a 48-hour ultimatum to reverse the controversial appointment of Kachalia as acting minister. The EFF leader warned:

"The constitution is clear—you appoint acting ministers from cabinet colleagues, nowhere else."

Malema’s move signals the party’s willingness to escalate the dispute to the Constitutional Court if the president fails to comply.

READ: New Book Exposes Julius Malema's Financial Networks and Political Patronage System

Legal Precision: Highlighting Constitutional Breaches

Malema outlined the constitutional violation with meticulous detail, emphasizing that even deputy ministers, who are not cabinet members, cannot legally assume acting ministerial roles.

"We didn’t want to jump the gun," Malema stated regarding the formal notice, "but if he persists, he transforms from president to constitutional delinquent."

Legal scholars confirm this interpretation aligns with Section 91 of the Constitution, which explicitly limits acting appointments to sitting cabinet members.

GNU Implications: Political Tensions Rise

The confrontation comes amid growing tensions within the Government of National Unity (GNU). Malema provocatively suggested that the DA should reassess its participation, yet firmly ruled out coalition with the party:

"Our ideological opposition to white monopoly capital makes coalition impossible."

This strategy reflects the EFF’s approach of using constitutional battles to challenge GNU stability while maintaining its radical opposition posture.

READ: Prosecutor's 'Hostile Witness' Strategy Collapses in Malema Case

Precedent-Setting Consequences

Constitutional law experts warn that this legal challenge could redefine executive boundaries in South Africa’s seventh administration. A ruling against the presidency would:

• Restrict future acting appointments exclusively to cabinet members
• Require immediate reshuffles of all non-compliant interim positions
• Establish a binding precedent affecting all government departments

The outcome may determine whether South Africa’s constitutional framework can withstand the pressures of coalition governance—or if loopholes will allow executive overreach in this new political era.