The Mbombela High Court has handed a decisive victory to the uMkhonto weSizwe Party (MKP), declaring on Tuesday that embattled politician Mary Phadi is no longer a member of the party or a lawful member of the Mpumalanga Provincial Legislature.
The ruling stems from a counter-application brought by the MKP, supported by party president Jacob Zuma’s detailed affidavit.
The court affirmed that Phadi’s membership had been validly terminated in accordance with the MKP constitution after she defied party structures, insulted officials, and organised parallel rallies.
Clears way for Mkhwebane
Though Advocate Busisiwe Mkhwebane was not a party to the court action, the judgment effectively clears the way for her to formally assume the roles Phadi once held. These include that of MKP leader in the Mpumalanga legislature and provincial convenor.
The court also ordered Phadi to pay the legal costs of both her initial contempt of court application and the MKP’s counter-application. This dealt a double blow to her legal and political standing.
The ruling cited section 106(3)(c) of the Constitution, which provides that a person loses their seat in the provincial legislature if they cease to be a member of the party that nominated them.
Internal structures
With Phadi officially out, MKP insiders say the party can now move forward with stabilising its internal structures. This places Mkhwebane at the forefront of its efforts to unify fractured provincial branches.
The ruling also signals the end of months of internal strife that saw the party split into rival camps. These caused electoral losses and public embarrassment.
The court’s ruling now puts the MKP leadership firmly back in control of its deployments. The ruling was based on Zuma’s affidavit and the party constitution.
Mkhwebane welcomed the judgement on behalf of the MKP.
“The judgement today restored the soul of MKP in Mpumalanga. No one is above the Constitution of MKP. People join MKP as individuals and not members. Members must read, understand, and abide by the constitution. Thanks to president Zuma for bringing stability to Mpumalanga,” said Mkhwebane. and
Phadi was not immediately available for comment.
