Political analyst Rukona Mnguni said a loophole had been created to circumvent a resolution by the African National Congress (ANC) to step down.
A special meeting of the ANC's NEC in March passed a resolution to allow MPs who have resigned due to criminal charges to attend legislative and committee meetings. The resolution was set out in a letter signed by the party's secretary-general, Fikile Mbalula.
This follows criticism of former sports, arts and culture minister Zizi Kodwa being sworn in as an ANC member of parliament on Tuesday despite facing corruption charges.
Kodwa appeared in Palm Ridge Magistrate's Court earlier this month.
“In this case, it seems someone has created a loophole because there is effectively no integrity committee report that would prevent Gigi Kodwa from being sworn in as a member of parliament,” Mnguni said.
“Obviously, legally, there is nothing wrong with him taking the oath, but as part of the ANC renewal process, I think it is certain that the ANC will always struggle to renew itself because the talent it has in the executive is not an inspired, untarnished talent,” he explains.
Mnguni added: “The ANC will have to go back to discipline and ask itself some very serious questions once this dispute over the unity government it is forming has passed, and it may well see Zizi Kodwa himself step down as an MP again.”
Video: ANC's “step down” resolution in focus: