Western Cape High Court Throws Out Case by 10 MK Party MPs Over Removal from Parliament

by Selinda Phenyo
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By Thabo Mosia

On Monday, 9 September 2024, the Western Cape High Court ruled against 10 expelled Umkhonto weSizwe (MK) Party Members of Parliament (MPs), who sought to challenge their removal from the National Assembly. The MPs had initially brought their case to court in a bid to stop their removal, claiming their expulsions were unlawful and fabricated to make room for incoming replacements, including former EFF Deputy President Floyd Shivambu. However, the court dismissed the case, upholding the MK Party’s stance that the MPs had been temporarily appointed and were lawfully expelled following internal party resolutions.

Background of the Case

The dispute began in August 2024 when the 10 MPs, who had been appointed to Parliament under the MK Party banner, were removed following allegations of impropriety within the party. The ousted MPs argued that their resignations were falsified and that their removal was a strategic move to make space for key figures like Floyd Shivambu and other political heavyweights. The MPs challenged the party’s actions, seeking an interdict from the Western Cape High Court to prevent the swearing-in of their replacements.

Representing the expelled MPs, Advocate Simba Chitando argued that the MK Party had failed to follow its own internal processes, and the removal of these members was done without due consideration of the party’s constitution and proper disciplinary proceedings .

The MK Party, on the other hand, maintained that the expelled MPs were not originally intended to serve full terms in Parliament and that their removal was in line with party policy and necessary to facilitate the proper functioning of the party. MK Party representatives further accused the MPs of attempting to undermine the party’s internal workings for personal gain .

The Court’s Decision

The court, in its ruling, found no merit in the MPs’ claims and upheld the MK Party’s decision to expel them. The court also ordered the MPs to pay the costs of the legal proceedings, sending a clear message regarding the legitimacy of their removal. The Western Cape High Court emphasized that the expelled MPs had been aware of their temporary status from the outset and had been informed that their positions would be short-term .

This decision marks a significant victory for the MK Party, which had been facing internal strife due to the MPs’ legal challenge. The court’s ruling paves the way for the swearing-in of the new MPs, including Brian Molefe and other high-profile figures who will now take up seats in Parliament under the MK Party banner .

Sworn-in MPs: The New Faces of the MK Party in Parliament

The MK Party wasted no time in announcing the replacements for the ousted MPs. Among the new MPs sworn in are notable figures such as Brian Molefe, the former Eskom CEO, who is now set to play a pivotal role in the party’s parliamentary strategy. Molefe’s appointment is seen as a strategic move, with the party aiming to leverage his expertise in state-owned enterprises as part of its broader economic and policy objectives .

In addition to Molefe, several other key figures have been appointed to fill the parliamentary seats left vacant by the expelled MPs. These new appointees are expected to bring fresh perspectives to the party’s legislative agenda and help the MK Party solidify its position as the official opposition in Parliament .

MK Party and Youth League Statements: A Firm Stance Against the Expelled MPs

Following the court’s ruling, the MK Party and its Youth League (MKPYL) issued strong statements welcoming the decision and condemning the actions of the expelled MPs. In a media statement released on 9 September 2024, the MKPYL expressed its satisfaction with the court’s dismissal of the MPs’ application. The Youth League criticized the MPs for putting their personal agendas ahead of the party’s interests, calling their actions “unbecoming and tremendously uncouth” .

“We as the MKPYL stand firmly behind the party and continue to call on our leadership to deal with these feebleminded individuals and their supporters decisively. Let us all focus our efforts on achieving our generational mission of economic freedom of our lifetime,” the statement read .

The MK Party itself also released a formal statement on the same day, echoing similar sentiments. The party’s leadership emphasized that the court’s decision vindicated their actions, reaffirming their commitment to internal party discipline. The statement went on to criticize the expelled MPs for dragging the party into disrepute and for attempting to disrupt its parliamentary operations .

“The courts cannot be subjected to frivolous applications by wounded party members who fail to not only comprehend but also adhere to the party line. The continued egregious efforts of individuals who place their personal agendas ahead of the organization and the revolution will be thoroughly met with decisive action, as no one is bigger than the organization,” read the party’s statement .

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MK Party supporters. Picture: SANDILE NDLOVU

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