Jabulani Khumalo, founder of the uMkhonto we Sizwe Party (MK Party), has brought an urgent court application in the Western Cape High Court, urging the court to order that he be reinstated as an MK Party Member of Parliament.
Khumalo also seeks the court to prohibit and interdict the MK Party and its leader, former president Jacob Zuma, from removing his name as a member of the National Assembly.
In the court application, he said he was “directing that the applicant be reinstated on the MKP parliamentary candidate list as the number 1 candidate pending part B application judgement and Electoral Court judgement, including their appeals, if any…”.
Khumalo said he wants the court to make these orders pending part B of his application. Also pending the outcome of his application at the Electoral Court. He has prayed to the said court that he be reinstated as leader of the MK Party by the Independent Electoral Commission (IEC).
In his part A application, Khumalo is the applicant. The speaker of the National Assembly, secretary of the National Assembly, the MK Party and Zuma, are the first, second, third and fourth respondents, respectively.
Urgent court application to declare his expulsion unlawful
Khumalo’s urgent court application is part A.
In part B of his application to the Western Cape High Court, he wants the court to declare his expulsion letter unlawful. The letter was issued by the MK Party on April 26 2024. It said that he is fired from the party. And he wants the court to declare it unlawful, unconstitutional and invalid.
Khumalo also wants the court to declare that he be reinstated as a MK Party member in part B of his application.
His urgent court application under part A will be heard in the Western Cape High Court in Cape Town on Thursday at 10am.
A date is yet to be issued by the registrar of the Western Cape High Court to hear part B of Khumalo’s application.
Part B refers to his application to be reinstated as party leader by the IEC
He wanted to prohibit and interdict the party and Zuma, or anyone working under the instruction of the two, from removing his name. They must not remove his name as a member of the National Assembly. This pending finalisation of part B of this application and the Electoral Court application. Therein he prayed that he be reinstated as MK Party leader by the IEC.
Khumalo’s name appears on the list of elected members of parliament. They will represent their political parties in the National Assembly. This follows the conclusion of the 2024 general national and provincial elections.
Khumalo released a statement on Monday. He said he was going to parliament to represent the MK Party in the first sitting of the National Assembly.
Zuma officially launched the MK Party in Soweto on December 16, 2023.
Khumalo was expelled in the lead-up to the May 29 elections following allegations that he had been paid to infiltrate the organisation.
Prior to his expulsion, the party had submitted Khumalo’s name to the IEC as its parliamentary representative.
Party confirms blocking Khumalo from becoming an MP
On Saturday, Nhlamulo Ndhlela, the MK Party’s spokesperson, said the organisation has since blocked Khumalo’s hopes of becoming an MP.
“Khumalo was officially submitted to the IEC as one of our representatives to parliament,” Ndhlela said.
“Hence, he is on the list of MK Party members going to be sworn in. But he has since been fired from the organisation.”
He said the organisation has sent a letter to the parliamentary secretary. In it they are explaining that Khumalo is no longer a member of the organisation.
MK Party obtained 14,58% in the 2024 general national and provincial elections. The party will be represented in the seventh parliament with 58 seats in the National Assembly.
The National Assembly’s first sitting will take place on Friday at 10am at the Cape Town International Convention Centre.
Party boycotts first sitting of parliament
The assembly will elect the speaker and deputy speaker of the National Assembly. This will take place during the first sitting of the National Assembly.
The National Assembly will also elect the President of South Africa during this first sitting.
Meanwhile, parliament stated on Monday that it has cancelled the flights and accommodation arrangements of the 58 MK Party members of parliament. This was because the party informed parliament that they will boycott the first sitting of the National Assembly. They sent the information through their lawyers.
