Legal fireworks are expected to erupt in the Mbombela High Court in Mpumalanga on Monday when Advocate Zandile Mshololo steps in to defend Mary Phadi. The latter is now being accused of calling the party’s recently axed secretary-general Floyd Shivambu “a dog.”
Famed for her formidable cross-examinations in the Senzo Meyiwa murder trial, Mshololo was urgently instructed last week after Phadi’s attorneys learned that an urgent counter-application had been filed against her.
At the centre of the storm is Phadi’s use of a common isiZulu street proverb which, according to MKP’s court papers, was insulting to Shivambu. According to Phadi, the phrase—“Sishaya inja kuphume umnikazi” (we beat the dog until its owner comes out)—was a figurative expression that is now being twisted for political purposes.
Legal showdown
The legal dispute was initially triggered by Phadi herself after she was expelled from the party for the second time in February 2025.
In her application, Phadi named the MKP as first respondent, the Speaker of the Mpumalanga Legislature as second respondent, and Shivambu—who was still SG at the time—as third respondent.
Her court challenge came shortly after Shivambu signed her expulsion letter, following a series of internal disputes—including her successful litigation against her 2024 dismissal. Her decision to independently address supporters during an unauthorised Mpumalanga rally that drew thousands also added to her woes. It outshone another gathering organised by her leadership rival, Advocate Busisiwe Mkhwebane.
Both women insist they are the rightful provincial conveners of the MKP in Mpumalanga.
Phadi also landed in hot water for holding a press briefing in Mbombela on May 29, where she told journalists that her team had MKP president Jacob Zuma’s blessing to continue doing party work in Mpumalanga.
Zuma intervenes
A day later, the Presidential Protection Service in Nkandla, KwaZulu-Natal, commissioned an affidavit signed and initialled by Zuma. This means Zuma deposed an affidavit seeking to protect Shivambu from Phadi just four days before removing him as the party’s leader of the secretariat.
That affidavit forms the basis of the urgent counter-application, including the claim that she insulted the now-ousted secretary-general.
The application argues that Phadi’s presence in both the party and the provincial legislature is not only unlawful but also dangerous to internal stability.
Citing her “insulting” conduct, the party wants the court to confirm that she is no longer a member.
It also seeks to compel the Mpumalanga Speaker, Lettie Masina, to remove Phadi from the legislature.
The counter-application further takes direct aim at Masina, accusing her of refusing to act due to her ANC affiliation and alleging that she is frustrating MKP’s internal processes to benefit the ruling party. “This is an affront to democracy,” the papers declare.
Yet, the MKP concedes in the same application that it has already accepted the December 4, 2024, interim court order which reinstated Phadi to all her positions—an order that found that correct procedures were not followed when her membership was initially terminated.
Further complicating matters is Shivambu’s own fall from grace just days after Zuma’s affidavit was commissioned.
On June 4, the MKP removed him as secretary-general, initially stating he would be redeployed to Parliament.
But on June 19, Shivambu stunned the public by revealing he had been pushed out based on a fabricated intelligence report which accused him of travelling to Malawi to acquire “supernatural powers” to overthrow Zuma and lead the party.
This twist renders the case murky. The counter-application—submitted while Shivambu was still secretary-general—rests heavily on protecting his dignity.
Phadi has rival in her sights
On Saturday afternoon, Phadi hosted a two-hour virtual meeting with over 50 attendees to respond to rising tensions after Mkhwebane urged MKP supporters on X (Twitter) to pack the court gallery on Monday.
Sunday World attended the briefing, where Phadi expressed disbelief at the latest charge, with her supporters vowing to protect her from her detractors.
“We just got the papers on Thursday. I had to travel to KwaZulu-Natal on Friday just to sign an affidavit with our new legal representative Advocate Mshololo. I never called that man a dog,” she told her supporters.
Her explanation was met with empathy from her supporters on the virtual platform.
