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LEGAL CHALLENGE

Fired MK Party MPs appeal to court to reverse 'orchestrated' expulsion

On 12 July, Thamsanqa Khuzwayo made a high-profile announcement that he was stepping down as the MK party’s Student Movement coordinator to assume a position in Parliament. Twenty-eight days later he and others had already been taken off the parliamentary list — just days before their scheduled first payday on 15 August.
Fired MK Party MPs appeal to court to reverse 'orchestrated' expulsion Illustrative image: An uMkhonto Wesizwe supporter. (Photo: Gallo Images / Fani Mahuntsi) | MK logo on the shoulder of a party supporter. (Photo: Gallo Images / Darren Stewart)

Ten of the 18 dismissed members of the uMkhonto Wesizwe (MK) party have approached the Western Cape Division of the High Court, seeking to reverse their recent expulsions from Parliament. The group claims that their removal was orchestrated to create vacancies for prominent members of the EFF, including Floyd Shivambu.

Shivambu and Mzwanele Manyi quit the EFF to join MK party last week.

Read more: Malema says ‘pain’ of Shivambu quitting EFF for MK party like hearing of his own mother’s death

The dismissed MPs, who were ousted on 7 August, 2024, argue that their resignations were fabricated and that the party’s leadership did not follow proper internal protocols. They assert that their termination was politically motivated and have filed an urgent application to prevent Parliament from swearing in their replacements until the court reaches a decision. 

On 12 July, Thamsanqa Khuzwayo made a high-profile announcement that he was stepping down as the MK party’s Student Movement coordinator to assume a position in Parliament, in accordance with the party’s policy that prohibits holding a party official role while being deployed.

However, by 8 August he and others had already been taken off the parliamentary list – just days before their first payday on 15 August. 

According to court papers, on 15 August, the fired MPs were paid R12,000 instead of an expected monthly R102,000. They also lost their parliamentary benefits, which include domestic flights, accommodation and other allowances. 

Read more: Zuma’s MK party ousts 15 MPs in rapid shake-up, sparking allegations of cronyism

On Wednesday, the court briefly heard the matter and the parties agreed to postpone it to 3 September in a full open hearing.

None of the affected MPs were in court for the proceedings.

In their court papers, the expelled members, including Kuzwayo, Isaac Menyatso, and Nomado Mgwebi, allege that their dismissal violated procedural fairness and jeopardised their livelihoods. Many of them had left previous employment to serve as MPs and now faced significant uncertainty. 

“The manner that the respondents terminated the applicants’ membership of the MK party and the National Assembly was inconsistent with our constitutional rights,” read the court papers. 

The MK party’s leadership had stated that all internal processes were followed and that the expulsions were necessary to maintain the integrity of the party’s parliamentary representation. MK party spokesperson Nhlamulo Ndhlela had previously said the removed MPs knew that their positions would be taken away. 

However, the expelled members remain determined to challenge what they see as a politically motivated purge, further deepening the divisions within the party. 

“The applicants were never informed, whether orally or in writing, of the respondent’s intention to terminate their membership of the party,” read the papers. 

“The only inference to be drawn is that my and the second applicant’s purported resignation had been fabricated to pave the way for the termination of our membership and removal from Parliament to allow Floyd Shivambu and other former EFF members to replace us.” 

MK party is planning to bring several controversial figures to Parliament. Among those slated for parliamentary seats are former Eskom CEO Brian Molefe, former Prasa CEO Lucky Montana and former Transnet CEO Siyabonga Gama – all of whom have previously faced charges of fraud and corruption relating to the state-owned enterprises they once led.

Adding to the controversy is the inclusion of individuals who appear to have close familial ties to the MK party leadership. The proposed list seen by Daily Maverick and submitted to Parliament suggests that the new members may include relatives of the party’s parliamentary chief whip, Sihle Ngubane, and a relative of party leader Jacob Zuma. The implications of these connections have fuelled accusations of nepotism and have exacerbated tensions within the party.

Read more: Rogues’ gallery — Brian Molefe, Lucky Montana and MK party family members headed for Parliament

Adding to the tension, MK Party leader Jacob Zuma will address the press on Thursday, 22 August. His statement is highly anticipated, as it may shed light on the party’s internal dynamics and the future of the expelled members. 

This legal battle underscores ongoing instability within the MK party, which has faced allegations of internal misconduct and external influences. The outcome of this case could have significant implications for the party as the proposed new MPs might not make it to Parliament if the aggrieved MPs get their way.

Court proceedings will resume on 3 September. DM

Comments (10)

Dominic Rooney Aug 21, 2024, 03:04 PM

Why is the Court meant to be involved in a purely internal matter ? From the horse's mouth "...the party’s leadership did not follow proper internal protocols...". These mugs joined MK - they knew what they were in for. Why didn't the Court just throw the case out ? They're not employees.

Inertia Maharaj Aug 22, 2024, 01:02 AM

Best for these things to play out as publicly as possible so MK members can see what's happening in their "party". Mind you, anyone who doesn't see Zuma for who he is by now just doesn't want to.

Philip Machanick Aug 22, 2024, 12:59 PM

The courts can and do weigh in on such matters. The Electoral Court is specifically mandated to do so by S20(2A) of the Electoral Commission Act, as amended. MPs aren’t employees but they do have the right to a fair process. This is why through went to the High Court and not the CCMA.

D'Esprit Dan Aug 21, 2024, 03:46 PM

Difficult to feel any sympathy for people who willingly back State Capture.

Sydney Kaye Aug 21, 2024, 04:46 PM

Hilarious. Crooks who thought they had landed in clover thanks to the patronage of other crooks go to court after being removed by those crooks in favour of other crooks.

Cachunk Aug 21, 2024, 05:38 PM

Hang on a second - the courts practice Roman Dutch law which mk zombies don't believe in? Rather go to one of your traditional leaders and get them to practice some 'customary law' for you...

skradebe6 Aug 21, 2024, 07:06 PM

Now you just out of depth! Focus on the crooks and leave 'customary law' out...

Robinson Crusoe Aug 21, 2024, 05:58 PM

A week is a long time in politics.

Rsandym@gmail.com Aug 21, 2024, 07:41 PM

This is the third parly list in as many months. There is no stability in this circus. Am sure they regret the day they sold their souls to join the Zuma dynasty. Question is who is next

Philip Machanick Aug 22, 2024, 01:10 PM

There is a very limited provision for rewriting party lists in the first year. Essentially a party is allowed to amend once and then only adding to the end of the list. If those in reserve didn’t all voluntarily withdraw this could be … interesting.

Skinyela Aug 22, 2024, 07:03 PM

Parliament was told that these MPs were no longer MKP members, and that those who were in line on the list have declined to fill the vacancies. That's might not be true, but it will be hard to prove it.

A Rosebank Ratepayer Aug 21, 2024, 09:45 PM

Amilcar Cabral said people are not fighting for ideas but a better future for their children. If that’s true how come anyone voted for this circus. They have watched Zuma since Polokwane - why did they think it would be any better for them? They can’t stay organised long enough for 1 months pay!?

Barrie King Aug 22, 2024, 12:32 PM

Well said Sydney Kaye! These parasites are quite happy to partake in the looting when they benefit, but the loss of salary and perks is too much to bear even when party appointments do not have the same legal status as employees! You guys knew what you were signing up for (lure of future State wealth beyond your abilities to earn it commercially) but you were outsmarted by the Looter Extraordinaire! When are you going to wise up!!

Skinyela Aug 22, 2024, 07:07 PM

"Amaqili ayaqilana"

h_holt Aug 23, 2024, 08:39 AM

Just hope that none of this "take it to court" nonsense is in any way funded by the taxpayer

bizsolutions@workmail.co.za Aug 28, 2024, 08:46 PM

I'm now asking myself what were the voters of the MK party thinking when voting? That they are voting for their saviour from poverty? We also need laws that limit these chop and changes of members in an institution as serious as Parliament