Dismissed MPs want MK party and Zuma bank accounts attached

Ten dismissed MK party MPs have approached the Pretoria High Court for an urgent order to attach the bank accounts in the name of the party and its leader Jacob Zuma.

This is to prevent the respondents from disposing of any funds prior to the launch of a second court application the MPs intend to bring for compensation following their party membership being terminated soon after they were sworn in as MPs in June, following the national elections in May.

The urgent application comes at the same time that the MK party’s secretary general Sifiso Maseko resigned from his position. Maseko was previously fired from the same position to make way for Arthur Zwane, until Zuma changed his mind and reinstalled him.

Former MK MPs claim they put money in Zuma’s bank account

While in parliament, the MPs were encouraged to pay part of their parliamentary salary into Zuma’s Capitec bank account, which several did “as a sign of loyalty and on the basis that he would use the funds to run the party democratically in a manner consistent with the (MK party’s) interim constitution,” according to the founding affidavit from dismissed MP Thamsanqa Khuzwayo.

Khuzwayo said the funds paid to Zuma’s bank account, as well as other funds paid by the MPs into party bank accounts, “have been used in a manner inconsistent with the purposes that the public, and ourselves, were informed about before payments were made”.

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“As a result of Mr Zuma’s decisions, the (dismissed MPs) and our dependents have been left destitute. Had it not been for Mr Zuma’s unilateral decisions that have negatively affected us, we would not be in financial ruin.”

MK party MPs dismissed

The dismissed MPs say they played a role in the MK party’s success in the elections, where it won 12.3% of the national vote. They were dismissed soon after the election, apparently to make way for defecting EFF members and other politicians who were invited to join the party.

The dismissed MPs were informed at the time their party membership was terminated that the MK party had an interim constitution that had yet to be ratified at its congress. This interim constitution effectively allowed Zuma to appoint and dismiss MPs at his discretion, which the MPs argue violated their Constitutional rights and the Promotion of Administrative Justice Act (PAJA).

All 10 say they resigned from gainful employment to take up positions as MPs, where they received parliamentary salaries of R102 000 a month.

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On 7 August 2024, all 10 MPs received letters from the speaker of the National Assembly, Thoko Didiza, saying they had lost their seats in parliament after their party membership had been terminated by the chief whip of the party, Sihle Ngubane.

Court applications

In August, the dismissed MPs filed a review application to set aside this decision, followed by a second application to interdict the swearing in of MPs brought in as replacements. That application was dismissed by Judge Savage, though is currently under appeal.

The dismissed MPs are Thamsanqa Khuzwayo, Isaac Menyatso, Citron Motshegoe, Augastina Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.

The respondents cited in the case are the MK party and its leader Jacob Zuma, plus all the major banks and the Banking Association of SA.

Approached by The Citizen for comment, Advocate Simba Chitando, who is representing the dismissed MPs, said: “I can confirm that I’ve been instructed by the former MPs of the MK party to attach various bank accounts controlled by that party for the purpose of civil claims to be made by the respective former MPs.”

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