NEWS

LEGAL
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August 19, 2024

Fired MK Party members challenge their dismissal from Parliament in court

Nhlamulo Ndhlela says the party has the right to appoint and fire
Photo: MK Party

Ten of the eighteen uMkhonto weSizwe MPs who were expelled from the party two weeks ago are challenging their dismissal in court. The lawyers of the former MPs filed an urgent application to have them reinstated at the Western Cape High Court in Cape Town this morning.

 

TAKING THE PARTY TO COURT 

 

In court papers seen by ZiMoja, the former MK Party members represented by Wendy Cele & Associates want the court to review and set aside the MK Party's decision to terminate their membership with the party. Those who are taking MK to court are Thamsanqa Fortunate Khuzwayo, Isaac Keleboe Menyatso, Citron Mpho Motshegoe, Augastina Madala Qwetha, Nomado Grace Mrwebi, Ntombenhle Mkhize, Sydwell Matholeni Masilela, France Bongani Mfiki, Senzo Selby Dlamini and Agnes Mogotsi.

Early this month, MK Party announced that they expelled 18 of their members of Parliament and their membership in the party was terminated. At the time, party spokesperson Nhlamulo Ndhlela said on the swearing day in June, their 12 members were informed that they would be replaced as MP's and also advised not to avail themselves for the swearing in, or if they did so, the swearing in would proceed with the understanding that they would be replaced at a later stage, pending parliamentary procedures. "It's also important to note that leading up to the elections, the MK Party IEC list was comprised by saboteurs who went on to populate on the IEC system with a list of their friends, family members, and neighbours. As MK Party, we made a promise to our people that we would have members of Parliament who would be reflective of society, which is exactly what we aim to achieve and will continue to do," Nhlamulo said, adding that a case has been opened at the Sandton police station regarding the list.

 

THEY WILL REGRET IT


Ndhlela told ZiMoja that the party is yet to receive the court papers. "We are not bothered because all internal MK Party processes were followed. Those members know that their appointments to Parliament were questionable and they were informed about it before they took the oath to represent the party," Ndhlela said. He added that if the court is the route they want to take, what happened to the party's co-founder, Jabulani Khumalo, will happen to them. "If you are taking the party to court, it simply means that you are fighting. I would advise those unhappy members not to take that route because the party has a right to appoint and disappoint. If they do take the legal route, it will be a disaster because you cannot demand to be deployed by force," he said. Khumalo was fired by the party alongside his brother Ray and three other members in April. He took the party to court, accusing party leader Jacob Zuma and his daughter, Duduzile Zuma-Sambudla, of forging his signature on a form to transfer the leadership position to the former President. The court ruled that Khumalo's forgery allegations were baseless, and it also found that he had voluntarily resigned from the party and that the dates align with the Independent Electoral Commission's records regarding the change of ownership and leadership. 

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