The ball is now in the law enforcement's court to charge communications minister Stella Ndabeni-Abrahams for contravening lockdown rules.

This was much clear yesterday when President Cyril Ramaphosa appeared to throw a curve ball at law enforcement agencies by stating that "the law must take its course" when he announced he had placed Ndabeni-Abrahams on two months special leave.

The action came after Ndabeni-Abrahams was pictured seated at a dinner table having lunch with former higher education deputy minister Mduduzi Manana at his home while the country is under strict 21-day lockdown rules that prohibits unnecessary visitations.

Constitutional law expert Llewellyn Curlewis said Ndabeni-Abrahams has a case to answer before court.

"What's good for the goose is good for the gander. One rule is applicable to each and every South African regardless of your status and your profile," Curlewis said.

"It's clear that the minister transgressed the law when she did what she did by going out for lunch or for an outing to a colleague's house. The fact of the matter is, as a member of parliament and as a minister surely she's responsible to set an example for the community at large."

He said that her case must be heard in the court and if found guilty, the courts may want to make an example of her.

"The fact of the matter is, she actually asked for forgiveness, which is mitigating. Obviously, it shows she takes responsibility for her wrongdoing... the law is the law."

Now the police's hand could also be forced after the EFF laid charges against Ndabeni-Abrahams yesterday.

"None of us - not least a member of the National Executive - should undermine our national effort to save lives in this very serious situation. I am satisfied that minister Ndabeni-Abrahams appreciates the seriousness of what she has done and that no one is above the law" Ramaphosa said.

Ordinary South Africans have been arrested and fined while some complained of brutality at the hands of police and the military for violating lockdown rules.

On Tuesday night, Ramaphosa summoned Ndabeni-Abrahams to explain herself and decided to put her on special leave and also directed her to apologise after he said he was "unmoved" by her reasons for having visited Manana.

National police spokesperson Vish Naidoo would not be drawn into commenting on whether charges would be pursued against her. I am saying I can't confirm that now, just let the law take its course as the president said. Whatever it is that needs to be communicated will be communicated," Naidoo said.

Although Ndabeni-Abrahams has apologised, the EFF believes she should also be removed from her position as minister and that the special leave she was placed on is "a slap on the wrist".

EFF spokesperson Vuyani Pambo laid criminal charges against her at Douglasdale police station in Fourways yesterday.

"Stella Ndabeni-Abrahams must be removed from cabinet if the integrity of this national lockdown is to be maintained and the rule of law is to be taken seriously," Pambo said. "There is no logical explanation for her to be treated with kid gloves while the masses of our people are subjected to the full might of the law."

He said they were also calling for an investigation into claims by Manana that her visit to his home was related to the fight against coronavirus.

Manana, through his foundation, claimed that Ndabeni-Abrahams was there to collect protective equipment.

"It is concerning that a sitting minister can be summoned to a home of an individual for donations while there are existing structures and mechanisms that coordinate donor efforts towards combating Covid-19," Pambo said.