The Mbombela High Court has delivered a dramatic verdict in favour of businesswoman-turned-politician, Mary Phadi.
The High Court immediately reinstated her as provincial convener of the Umkhonto WeSizwe Party (MKP), Member of the Provincial Legislature (MPL), and leader of the party in the legislature.
Surrounded by scores of MKP members outside court, Phadi addressed the media. She revealed that the ruling coincided with her birthday, making the victory even more symbolic.
Symbolic birthday gift
“Today is my birthday. This is a birthday present,” said Phadi.
Phadi labelled the victory as a win against internal party propaganda.
“It is indeed a victory that we were granted a court order today. And it means that there is no one that will live with propaganda in Umkhonto WeSizwe. It is going to assist many comrades [to see] the reality of being sabotaged as politicians,” she said.
“And it is exciting to see that the court has been fair today. The internal processes of Umkhonto WeSizwe were not followed, and I have been reinstated. These people must not come and take over what we have worked hard for. This province was number two in the whole country. We have worked hard.”
Phadi added that they were not fighting against MKP. And that they will be engaging party leader Jacob Zuma to look at the upcoming 2026 local government elections.
Significant turn in a political showdown
The ruling marks a significant turn in a months-long political showdown. This saw Phadi turning to the courts to reclaim her position after being ousted under contentious circumstances.
Phadi’s expulsion in late 2024 became a flashpoint for internal power struggles within the MKP. This in a saga rife with intrigue and alleged betrayal.
The court papers revealed a high-stakes battle. With Phadi alleging that her removal was part of a coordinated effort by senior officials, including MKP president Jacob Zuma, to sideline her. And to install former public protector and recent defector from the EFF, Advocate Busisiwe Mkhwebane. The plan was to install her as MKP Mpumalanga convenor.
In court, Phadi traced her ordeal back to a shock letter she received on August 28. It was titled “Notice of recall/withdrawal”. The letter demanded that she justify her continued role within seven days. It was signed by MKP deputy president Dr John Hlophe.
When she requested further details of the allegations against her, her inquiries were met with silence.
The pressure escalated on September 26, 2024. Former MKP secretary-general Dr Sifiso Maseko accused her of misconduct and tarnishing the party’s reputation.
Phadi was given just three days to resign, prompting her to submit a resignation letter. The letter was dramatically rejected by the party’s provincial executive committee on October 7, 2024.
Mkhwebane appointed as replacement
Adding to the spectacle, on November 17, 2024, Mkhwebane, was appointed as the MKP’s new provincial leader. Phadi received a final blow when the Office of the Speaker informed her that her MPL membership had been terminated. A decision now deemed unconstitutional by the court.
In her urgent court application, Phadi accused the MKP leadership of flouting its own constitution. It was also violating her right to a fair disciplinary process, she said.
“The termination of my membership was not in accordance with the MKP constitution. And is therefore null and void,” she argued.
The court agreed, stating that Phadi was denied due process. And that no formal disciplinary hearing or investigation was conducted before her expulsion.
Court ruled for her immediate reinstatement
In its ruling, the court ordered her immediate reinstatement. This effectively invalidates Mkhwebane’s controversial appointment as Mpumalanga convenor.
Mkhwebane referred media questions on the judgement to MKP spokesperson Nhlamulo Ndlela. “We are still reviewing the court papers,” said Ndlela.
However, on Friday, Ndlela told Sunday World that Phadi had effectively expelled herself by taking the party to court.
“Our constitution is clear: once a member takes the party to court, self-expulsion naturally kicks in,” Ndlela said.
