The Western Cape High Court has reserved judgment in the case of Jacob Zuma and 10 expelled MPs from his Umkhonto weSizwe (MK) party challenging their expulsion from parliament. (Delwyn Velasamy/M&G)
The Western Cape High Court has reserved judgment on a case involving 10 MPs who were expelled from President Jacob Zuma and his Umkhonto weSizwe (MK) party and are challenging their expulsion from parliament.
The court on Tuesday was hearing an urgent application by 10 people who were expelled from the party last month and are seeking an interim injunction to prevent their successors from being sworn in while they await review of their own expulsion and subsequent removal from parliament.
Ten of the 18 sacked MK lawmakers want the court to declare that they can remain party members until their membership is legally revoked, and that they can continue to serve as lawmakers as long as they do not join another party.
They claim that his sudden dismissal just a month after taking office was illegal and aimed at making way for his successors, including Floyd Shivambu, a former deputy head of the Economic Freedom Fighters.
The MK party, which succeeded the Democratic Alliance as the main opposition party, claims the lawmakers were expelled after it was discovered they had been incorrectly listed on the party's candidate list for May's general election.
Former MK MP Thamsanqa Khuzwayo said in his founding affidavit that the affected MPs were never given any verbal or written notice of the party's intention to suspend their membership.
Khuzwayo 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.
The party replaced its parliamentary whip, Sikhele Ngubane, with Mzwanele Mani, who also defected from the EFF.
Court documents list other expelled MK party councillors as Citron Motsegoa, Augustine Kweta, Nomad Mgwebi, Ntombenhle Mkhize, Sidwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.
“These individuals were stripped of their parliamentary status just one month after assuming office and their party memberships were revoked to make way for a new group of MK parliamentarians,” the founding affidavit states.
Among the new appointees are former Eskom chief executive Brian Molefe, former Prasa chief executive Lucky Montana and former Transnet chief executive Siyabonga Gama, all of whom held senior roles at state-owned enterprises during President Jacob Zuma's term in office.
The expelled lawmakers have argued in court that their sudden dismissal has left them financially destitute because they had left their previous jobs to serve in parliament. They also claim the MK party does not have a ratified constitution and operates under a draft one that does not provide clear procedures for disciplinary proceedings.
Parliament confirmed that it had received notification from MK Secretary-General Ngubane that the party had decided to expel 15 members from Parliament.
On Tuesday, lawyer Simba Chitando, who is representing the expelled MPs, argued that Zuma's answers in court documents were contradictory. He explained the urgency of the application by saying the MPs were fighting to keep their seats filled, adding that without the ban there would be nothing to stop new MPs being appointed.
After presenting his case, Chitando suggested a reconciliation may be underway between his client and the MK Party, and that only eight of the 18 sacked lawmakers have been replaced.
He pointed to a letter from Parliament Speaker Thoko Didiza, who warned lawmakers that if the injunction was not issued, their posts could be filled and their pending review applications would be “pointless”.
He argued that the urgency of their situation was clear and that without the court's intervention, the applicants and their families would face severe consequences, including being forcibly evicted from their homes in the council village.
Chitando stressed that there was no formal process within the MK party to deal with the expulsion of lawmakers, arguing that expelled lawmakers and their dependents were left without relief.
In response, lawyer Nikiwe Nyathi, representing the MK party, sought dismissal of the suit as the applicant had not filed a reply.
Nyathi argued that the allegations made in the MK party's reply were not disputed and any attempt to address them through arguments in court was procedurally improper.
She also sought punitive costs orders against the expelled councillors.