Parliamentary chaos looms as MK party MPs challenge sacking by Zuma

Parliamentary chaos looms as 10 uMkhonto weSizwe (MK) Party MPs have approached the court to challenge their sacking by party leader Jacob Zuma.

The MPs believe they were sacked to make room for defecting EFF members. They could now be looking for homes in new parties – opening the parliamentary floor.

Dismissed MK party members go to court

The 10 were sacked on 7 August by Zuma, ostensibly to make way for defecting EFF luminaries, including Floyd Shivambu, Jimmy Manyi and others rumoured to be about to cross the floor.

It’s been speculated that Shivambu is being touted as parliamentary leader of MK.

The sacked MPs, who were sworn into parliament on 22 June, are not going down without a fight. The Cape Town High Court case filed On Monday morning by the 10 could throw parliament into chaos. They are asking the court to review and set aside the decision to terminate their membership of MK and the speaker of parliament’s decision to terminate their membership of the National Assembly.

The sacked MPs are also bringing a second urgent application to interdict the speaker from swearing in their MK replacements in the National Assembly.

They want the court to declare that they remain members of MK until their membership is lawfully terminated. They also want the court to allow them to remain as MK MPs in parliament unless they choose to join another party.

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Lawyers representing them have written to the speaker, advising her of the action, and have asked for an undertaking not to swear in any replacement MPs until the case is decided in court. If successful in their court application, the 10 will remain members of parliament and potentially in search of a new political home.

Virtually all of the MPs gave up jobs to take up seats in parliament in Cape Town and could now find themselves without a job and potentially destitute. If all 10 defect, it could reduce MK’s parliamentary seat count from 53 to 43 seats.

Should they defect to the EFF (with 38 seats), that would make it the third largest party after the ANC (157 seats) and DA (87 seats). There is also a possibility of some defecting to the ANC, DA or Inkatha Freedom Party, which would throw SA’s party political calculus into disarray.

“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 court filings.

Sacked MPs say they never resigned

Papers cite them as Thamzanqa Kuzwayo, Isaac Menyatso, Citron Motshegoe, Augastina Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.

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The 10 say they never resigned from MK and were members in good standing.

On 8 August, the party issued a press release giving reasons for the expulsion of 12 MPs.

“As MK, we made a promise to our people that we would have members of parliament who would be reflective of society, which is exactly what we aim to achieve and will continue to do so,” reads the statement.

The press release said prior to the national elections in May “the MK party Electoral Commission list was comprised of saboteurs who went on to populate the IEC system with a list of friends, family members and neighbours.”

No such accusations were levelled against the 10 sacked MPs, each of whom received letters from the speaker informing them of their replacement on the grounds of resignation. All of them deny they resigned and say no processes were followed in their termination.

Tumultuous formation of MK party

Complicating the story is that MK does not have a constitution, only a draft version that has not been ratified by the members. There is neither a code of conduct laying out the proper norms, rules and responsibilities. It also means there are no clear procedures for disciplining members.

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MK is adamant that it followed all internal processes prior to the removal of MPs, all of whom it says were informed of the party’s intention to replace them.

The party had a brief and tumultuous birthing, being formed just months before the national elections, which saw it secure 13.5% of the national vote. Party founder Jabulani Khumalo was removed as leader by Zuma. He took his case to the Electoral Court, where he lost his campaign to remain.