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Malema Gives Ramaphosa Ultimatum: Reverse 'Illegal' Minister Appointment or Face Court

Jul 21, 2025 · 4 min read

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By GlobalZa

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EFF demands president withdraw appointment of non-cabinet member as acting minister within 48 hours

Constitutional Crisis Looms

Julius Malema has escalated 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 delivered a pointed warning: "The constitution is clear—you appoint acting ministers from cabinet colleagues, nowhere else." This dramatic move signals the party's readiness to take the matter directly to the Constitutional Court if the president fails to comply.

Legal Precision

Malema meticulously outlined the constitutional breach, emphasizing that not even deputy ministers—who lack cabinet status—can legally assume acting ministerial roles. "We didn't want to jump the gun," he said regarding their formal legal notice to Ramaphosa, "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

The confrontation erupts amid mounting tensions in the Government of National Unity (GNU), with Malema provocatively suggesting the DA should "reassess its participation." However, he drew a firm red line on EFF-DA cooperation: "Our ideological opposition to white monopoly capital makes coalition impossible." This stance reinforces the EFF's strategy of leveraging constitutional battles to undermine GNU stability while maintaining its radical opposition posture.

Precedent Setting

Constitutional law experts warn this challenge could rewrite the rulebook for South Africa's seventh administration. A court ruling against the presidency would:

  • Restrict future acting appointments to cabinet members only
  • Force immediate reshuffles of all non-compliant interim positions
  • Establish 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 enable executive overreach in this new political era.

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