Expelled MK Party MPs claim they were removed to make way for Shivambu and others
Ten out of the 18 dismissed MK MPs have approached the court to reverse their dismissal
20 August 2024 - 20:08
by Thando Maeko
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Dismissed MK party MPs claim they were removed from parliament to make way for EFF defectors, including former EFF deputy president Floyd Shivambu.
The group of 10 out of the 18 which were dismissed by the Jacob Zuma-led party have approached the court seeking for their parliamentary positions to be reinstated and for parliament to be interdicted from swearing in their replacements.
The group also seek for the court to declare that they remain members of the party until their respective membership is lawfully terminated and for the court to declare that they may remain as MK MPs until such a time they join another political party.
They claim that their abrupt dismissal, which occurred a month after being sworn in as MPs, was unlawful and paves the way for Shivambu and other to be sworn in as their respective replacements.
According to the official opposition, the 18 members were removed after it was found that they were incorrectly included in the party’s May general elections MP candidate list.
The case is scheduled to be heard on Wednesday at the Western Cape High Court, two days after the MPs returned from their month-long constituency period.
“The applicants were never informed, whether orally or in writing of [MK’s] intention to terminate their party membership. There were no processes followed in the termination of their membership,” former MK MP Thamsanqa Khuzwayo said in his founding affidavit.
“The only inference to be drawn is that my and the second applicant’s [Isaac Menyatso] purported resignation had been fabricated to pave way for termination of our membership and removal from parliament to allow Floyd Shivambu and other former EFF members to replace us.”
Shivambu resigned from the EFF and parliament last week, where he served as the chief whip. He has joined MK and is expected to form part of the party’s leadership core. However, the official opposition has not publicly outlined his new responsibilities, saying only that he and another EFF defector, Mzwanele Manyi, will be assigned roles in line with their respective expertise.
Others cited in the court papers include Citron Motshegoe, Augastin Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.
The group were removed as MPs and their membership from the party terminated a month after they took up their positions in parliament. This paved the way for a new cohort of MK MPs to be sworn in, including former Eskom CEO Brian Molefe, former Prasa CEO Lucky Montana and former Transnet CEO Siyabonga Gama. The trio led their respective state-owned enterprises during Zuma’s nine year long presidential tenure until 2018.
The dismissed the MPs’ claims that they face financial ruin should they fail to be reinstated because they resigned from their respective positions of employment before heading to parliament.
The MPs further claim that MK does not have a ratified constitution and has only a draft constitution which does not set out the proper procedure of disciplinary matters.
“We joined the [MK] party, and the National Assembly, after assurances were made that the party was democratic, and would be governed in a manner consistent with the constitution and the rule of law,” say the MPs in their papers.
Parliament previously confirmed that it received correspondence from MK secretary-general Sihle Ngubane about the party’s decision to remove 15 of its public representatives from the National Assembly.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Expelled MK Party MPs claim they were removed to make way for Shivambu and others
Ten out of the 18 dismissed MK MPs have approached the court to reverse their dismissal
Dismissed MK party MPs claim they were removed from parliament to make way for EFF defectors, including former EFF deputy president Floyd Shivambu.
The group of 10 out of the 18 which were dismissed by the Jacob Zuma-led party have approached the court seeking for their parliamentary positions to be reinstated and for parliament to be interdicted from swearing in their replacements.
The group also seek for the court to declare that they remain members of the party until their respective membership is lawfully terminated and for the court to declare that they may remain as MK MPs until such a time they join another political party.
They claim that their abrupt dismissal, which occurred a month after being sworn in as MPs, was unlawful and paves the way for Shivambu and other to be sworn in as their respective replacements.
According to the official opposition, the 18 members were removed after it was found that they were incorrectly included in the party’s May general elections MP candidate list.
The case is scheduled to be heard on Wednesday at the Western Cape High Court, two days after the MPs returned from their month-long constituency period.
“The applicants were never informed, whether orally or in writing of [MK’s] intention to terminate their party membership. There were no processes followed in the termination of their membership,” former MK MP Thamsanqa Khuzwayo said in his founding affidavit.
“The only inference to be drawn is that my and the second applicant’s [Isaac Menyatso] purported resignation had been fabricated to pave way for termination of our membership and removal from parliament to allow Floyd Shivambu and other former EFF members to replace us.”
NATASHA MARRIAN: Shivambu’s EFF exit paves the way for others to join MK
Shivambu resigned from the EFF and parliament last week, where he served as the chief whip. He has joined MK and is expected to form part of the party’s leadership core. However, the official opposition has not publicly outlined his new responsibilities, saying only that he and another EFF defector, Mzwanele Manyi, will be assigned roles in line with their respective expertise.
Others cited in the court papers include Citron Motshegoe, Augastin Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.
The group were removed as MPs and their membership from the party terminated a month after they took up their positions in parliament. This paved the way for a new cohort of MK MPs to be sworn in, including former Eskom CEO Brian Molefe, former Prasa CEO Lucky Montana and former Transnet CEO Siyabonga Gama. The trio led their respective state-owned enterprises during Zuma’s nine year long presidential tenure until 2018.
The dismissed the MPs’ claims that they face financial ruin should they fail to be reinstated because they resigned from their respective positions of employment before heading to parliament.
The MPs further claim that MK does not have a ratified constitution and has only a draft constitution which does not set out the proper procedure of disciplinary matters.
“We joined the [MK] party, and the National Assembly, after assurances were made that the party was democratic, and would be governed in a manner consistent with the constitution and the rule of law,” say the MPs in their papers.
Parliament previously confirmed that it received correspondence from MK secretary-general Sihle Ngubane about the party’s decision to remove 15 of its public representatives from the National Assembly.
maekot@businesslive.co.za
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