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

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