MK party warns against ‘frivolous legal challenges’ after defeat of 10 dismissed members

The Western Cape high court has dismissed the urgent application by 10 expelled members of the uMkhonto weSizwe (MK) party to halt their removal from parliament.

In her ruling on Monday, Judge Kate Savage said the applicants had failed to “establish a reasonable apprehension of irreparable harm and the existence of no alternative remedy available to them” and that they had been aware of their temporary status from the outset and had been informed that their positions would “be short-term”.

The judge dismissed the case with costs, saying the applicants had failed to show they had a “prima facie right to be reinstated as MPs until such time as their dismissal by the party is reviewed”.

The 10, who were among 18 MPs fired by the MK party, approached the court seeking a declaration that they remain members of the party until their membership was lawfully terminated and that they may continue serving as legislators unless they join another political party. 

In their  papers they argued that their sudden removal, just a month after they were sworn in, was unlawful and aimed at making way for replacements, including former Economic Freedom Fighters (EFF) deputy president Floyd Shivambu.

Thami Khuzwayo, one of the 10 MPs who approached the court, said in his court papers that the affected legislators were never notified, either orally or in writing, of the party’s intention to terminate their membership. 

He argued that no proper process was followed and said his and Isaac Menyatso’s resignations were fabricated to facilitate their removal and the subsequent appointment of Shivambu and other former EFF members.

The other MPs who challenged their expulsion from the party were Citron Motshegoa, Augastin Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi. 

Last week, advocate Simba Chitando, representing the expelled MPs, argued that party leader Jacob Zuma’s responses in his court papers were contradictory.

He explained the urgency of the application, stating that the MPs were fighting to keep their parliamentary positions from being filled, adding that without the interdict, nothing would prevent the nomination of new members. 

Chitando argued that Zuma behaved in an “autocratic manner” when he summarily dismissed them last month. This comes after Zuma in his responding affidavit said the members were removed because they did not possess the right skills to serve as parliamentarians.

Zuma added that  the applicants’ membership had been terminated on 24 June before they were sworn in as MPs.

In a statement following the ruling, the MK party welcomed Savage’s findings, adding that the internal dispute was never meant to become public.

“They [the members] proceeded with the swearing in [as MPs], despite being informed that their presence in parliament would be short-term,” the party said. “It wasn’t enough for these recalcitrant litigants to drag the party to court, causing unnecessary expenses, such as changing office locks, keys, and covering hotel costs for new members unable to access accommodation in parliamentary villages.”

“The MK party’s voting numbers were affected due to these acts of ill-discipline by perfidious individuals,” it added, saying the court’s punitive order, “reaffirmed the party’s stance that the issue should have been resolved internally, and that the group’s actions brought the party into disrepute”.

“All due procedures were followed, and we have been vindicated,” it said, warning against any further “frivolous legal challenges from disgruntled members who failed to adhere to party protocols”.

Ongoing “egregious” attempts by individuals to “prioritise personal agendas over the organisation and its revolution will be met with firm action”, it said.

“No one is greater than the organisation,” the statement concluded.