Two former uMkhonto weSizwe Party MPs have gone to court seeking to overturn their expulsions, arguing that party president Jacob Zuma had no constitutional power to remove them by decree.
Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala filed papers in the Cape Town High Court on Friday, challenging their expulsion from the MK Party and the termination of their seats in the National Assembly.
Through Lingani and Partners Attorneys Inc, they cited Zuma as the first respondent, the MK Party as the second, National Assembly Speaker Thoko Didiza as the third and the Electoral Commission of South Africa as the fourth.
They want the matter heard on September 17 and are asking the court to declare the decisions illegal and invalid, and to review and set them aside.
In his founding affidavit, Kubukeli said he and Litchfield-Tshabalala were informed of their expulsions in identical letters signed by MK Party secretary-general Sibonelo Nomvalo.
“The MKP Constitution, which was adopted by the National High Command on 26th September 2024, does not grant the president permission to expel members by decree or otherwise,” Kubukeli said. “Only the national officials through the reports received from the secretary-general, the National Disciplinary Committee or the National Disciplinary Committee of Appeals have such authority.”
Kubukeli argued that even the disciplinary committee could expel members only after proper procedures had been followed.
“Our expulsion was decided in a presidential decree, which is not a constitutionally valid mechanism for disciplinary action and to expel members,” he said. “If the president did make such a decree, as suggested in both expulsion letters, he acted beyond powers conferred on him by the MKP Constitution by bypassing the required disciplinary process.”
Kubukeli said the pair had not seen the decree allegedly relied on to remove them.
“We have not, in fact, seen any such presidential decree,” he said.
“We were not notified of any allegations against us or given an opportunity to respond or to make representations about any allegations or our expulsion as provided for in the MKP’s Constitution.”
Litchfield-Tshabalala filed a substantially similar affidavit. Both applicants say they are fully paid-up members of the MK Party and want the court to determine the legality and basis of their expulsion and parliamentary removal.
They were informed of their expulsions on August 27 in letters signed by Nomvalo.
MK Party spokesperson Sifiso Mahlangu later said the decision followed a series of acts and conduct attributed to the pair.
He said party leaders had concluded their conduct was “detrimental to the good name, reputation, integrity and interests of the organisation” and had “undermined the unity and organisational discipline of the party”.
Kubukeli’s expulsion followed another internal confrontation.
Before his removal, the former convenor of the MK Party’s Strategic Presidential Team opened a R33-million fraud and forgery case at Midrand police station against Nomvalo, party treasurer-general Brian Molefe and four employees.
Two days later, Kubukeli withdrew the charges.
In an affidavit, he alleged that MK Party second deputy president Tony Yengeni told him Zuma had issued “a firm instruction” that he should withdraw the criminal case against the senior officials and others.
The court challenge places the party’s disciplinary machinery and the lawfulness of the MPs’ removal from Parliament under judicial scrutiny before a potentially consequential high court hearing.
- Former MK Party MPs Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala filed a court challenge to overturn their expulsions, asserting that President Jacob Zuma lacked constitutional authority to remove them by decree.
- The pair were expelled from the MK Party and removed from the National Assembly in letters dated August 27, signed by MK Party secretary-general Sibonelo Nomvalo.
- Kubukeli argued that the MKP Constitution only allows expulsions by national officials following proper disciplinary procedures, not by presidential decree.
- MK Party spokesperson Sifiso Mahlangu stated the expulsions resulted from conduct deemed detrimental to the party's reputation and unity.
- Prior to his expulsion, Kubukeli filed and then withdrew a R33-million fraud and forgery charge against party officials, allegedly after instruction from Jacob Zuma conveyed by Tony Yengeni.
Two former uMkhonto weSizwe Party MPs have gone to court seeking to overturn their expulsions, arguing that party president Jacob Zuma had no constitutional power to remove them by decree.
Pumlani Kubukeli and
In his founding affidavit, Kubukeli said he and Litchfield-
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Kubukeli argued that even the disciplinary committee could expel members only after proper procedures had been followed.
“Our expulsion was decided in a presidential decree, which is not a constitutionally valid mechanism for disciplinary action and to expel members,” he said. “If the president did make such a decree, as suggested in both expulsion letters, he acted beyond powers conferred on him by the MKP Constitution by bypassing the required disciplinary process.”
Kubukeli said the pair had not seen the decree allegedly relied on to remove them.
“We have not, in fact, seen any such presidential decree,” he said.
“We were not notified of any allegations against us or given an opportunity to respond or to make representations about any allegations or our expulsion as provided for in the MKP’s Constitution.”
Litchfield-
MK Party spokesperson Sifiso
He said party leaders had concluded their conduct was “detrimental to the good name, reputation, integrity and interests of the organisation” and had “undermined the unity and organisational discipline of the party”.
Kubukeli’s expulsion followed another internal confrontation.
Before his removal, the former convenor of the MK Party’s Strategic Presidential Team opened a R33-million fraud and forgery case at
Two days later, Kubukeli withdrew the charges.
In an affidavit, he alleged that MK Party second deputy president
