Western Cape High Court, MK Party, expelled MKP MPs, dismissal from parliament, Justice Kate Savage, legal ruling, MKP MPs case, South African politics, intra-party disputes, court decisions, Floyd Shivambu, Jacob Zuma, vacant parliamentary seats, party discipline, legal challenge. (Photo: Darren Stewart/Gallo Images via Getty Images)
The Western Cape High Court has dismissed an urgent application by 10 expelled members of the Umkhonto weSizwe (MK) party seeking to stop their expulsion 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 absence of alternative remedies available to them”, and that the applicants had been aware of their temporary status from the outset and had been informed that it was of “short-term” nature.
The judge dismissed the suit with costs, saying the applicant had failed to prove that he had an “unambiguous right to be reinstated as a member of Parliament pending review of his dismissal by the political party”.
Ten of the 18 MPs who were fired from the MK Party have applied to the court seeking a declaration that they can remain party members until they are legally stripped of their membership and that they can continue to act as MPs as long as they do not join another party.
In the document, they argued that their sudden dismissals, barely a month after taking office, were illegal and aimed at making way for their successors, including former Economic Freedom Fighters (EFF) deputy leader Floyd Shivambu.
Thami Khuzwayo, one of the 10 MPs who sued in court, said in court papers that the affected MPs were never informed verbally or in writing of the party's intention to suspend their membership.
He claimed due procedures had not been followed and said his and Isaac Menyatso's resignations had been fabricated to facilitate their sacking and the subsequent appointment of Shivambu and other former EFF members.
Other MPs who challenged their expulsion from the party were Citron Motsegoa, Augustine Kweta, Nomad Mgwebi, Ntombenhle Mkhize, Sidwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.
Last week, lawyer Simba Chitando, who is representing the expelled lawmakers, argued that party leader Jacob Zuma's answers in court documents were contradictory.
He explained the urgency of the application, saying lawmakers are fighting to stop the seats from being vacated, adding that without an injunction, there would be nothing to stop new lawmakers from being appointed.
Chitando alleged that Zuma acted “dictatorially” when he summarily dismissed the MPs last month after Zuma had earlier said in an affidavit that they were sacked because they did not possess the proper qualifications to serve as MPs.
President Zuma added that the applicants' parliamentary credentials were revoked on June 24, before they were sworn in.
In a statement after the verdict, the MK party welcomed the findings of Mr Savage's investigation, adding that the internal dispute was never intended to become public.
“They [the members] Proceeded with the oath [as MPs]”Despite being informed that their stay in Parliament would be short-lived, these stubborn litigants have not only dragged the party to court, but have also incurred unnecessary expenses like changing office locks and bearing hotel bills for new MPs who cannot avail accommodation in the Parliamentary Village,” the party said.
“MK's vote tally was affected by disciplinary infractions committed by dishonest individuals,” the court added. “The matter should be resolved within the party and reaffirms the party's position that the actions of this group have brought the party into disrepute.”
“All due procedures were followed and our innocence has been proven,” he said, warning against further “frivolous legal challenges” by disgruntled members who had not adhered to party rules.
“Continued 'flagrant' attempts by individuals to put their personal agendas above the organisation and its revolution will be met with decisive action,” the statement said.
“No one is greater than the organization,” the statement concluded.