Expelled Umkhonto weSizwe (MK) party founder Jabulani Khumalo will not be sworn in as a member of parliament.
This came after a last-minute attempt to be sworn in as a member of the National Assembly failed on Thursday.
The Western Cape High Court dismissed his application for urgent proceedings and struck it from the docket with costs.
Khumalo urgently contested the issue after being informed by the parliamentary secretary that he could not be sworn in.
He challenged his expulsion from the party and wanted to be reinstated to the national list.
In delivering his judgment, Western Cape High Court Judge Derek Bill said: “Having considered the documents and arguments of the applicant and the third and fourth respondents, 1. I find that the urgency required by rule 6(12) of the Uniform Rules of Court has not been established and therefore the application is struck from the record. The applicant shall incur costs on a confidential scale to the applicant and the parties as agreed in writing. Legal fees shall be in accordance with Scale C. The court adjourns.”
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Meanwhile, MK party lawyer Barnabas Xulu welcomed the court order, saying there were no grounds for Khumalo's challenge to succeed.
“This confirms Umkhonto weSizwe's contention that Mr Khumalo is no longer an MK member and therefore ineligible to sit in Parliament tomorrow. Our contention has been proven correct. The fact is that section 43(C) clearly states that a person who is not affiliated to any political party cannot be a Member of Parliament.”