Two MK Party (MKP) leaders, Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala, have sent letters of demand to the party and Speaker Thoko Didiza challenging their expulsion and the termination of their membership of Parliament.
Lingani and Partners Attorneys Inc wrote to MKP secretary-general Sibonelo Nomvalo, chief whip Philasande Mkhize, parliamentary leader John Hlophe, and Didiza on Thursday after their clients were informed that the party had moved to remove them as MPs.
The lawyers said Kubukeli and Litchfield-Tshabalala received letters Nomvalo sent to Parliament confirming that they had ceased to be MKP members and should lose their National Assembly seats.
“In terms of section 47(3)(c) of the Constitution of the Republic of South Africa, 1996, read together with the applicable loss-of-membership provisions governing proportional representation in the National Assembly, a person loses membership of the National Assembly if that person ceases to be a member of the political party that nominated him or her to Parliament,” Nomvalo wrote.
On the same day, Nomvalo also sent Didiza a similar letter stating that suspended MKP chief whip Mmabatho Mokoena-Zondi had been expelled and should lose her seat.
National Assembly secretary Masibulele Xaso wrote to Kubukeli, Litchfield-Tshabalala, and Mokoena-Zondi on Friday, informing them that Didiza had received signed letters from Nomvalo advising Parliament that their MKP membership had been terminated.
While Kubukeli and Litchfield-Tshabalala instructed lawyers, Sunday World understands that Mokoena-Zondi confronted Nomvalo and other senior party leaders over her purported expulsion.
Mokoena-Zondi, who in May sent MKP leader Jacob Zuma a confidential report warning of alleged looting, internal capture, and threats to the party’s survival, is understood to have threatened to expose alleged wrongdoing inside the organisation if she was expelled and removed as an MP.
Party insiders said Nomvalo wrote to Didiza on Friday, temporarily withdrawing his earlier letter concerning Mokoena-Zondi.
In the withdrawal letter seen by Sunday World, Nomvalo said the party needed time for “further internal consideration” and to ensure that all organisational processes had been concluded.
He asked Parliament to suspend any process arising from his earlier letter, including the declaration of a vacancy, until further communication from his office.
A well-placed source said the three MPs had not known they had been expelled when Nomvalo wrote to Parliament.
“Remember that Kubukeli only found out from you that he had been expelled from MKP. He, Khanyisile, and Mmabatho also found out from the secretary of the National Assembly that their memberships in Parliament were terminated. Nomvalo wanted to ambush them so that they would hear from Parliament that they had been removed as MPs. You can see that this is nonsensical,” the source said.
Kubukeli and Litchfield-Tshabalala’s lawyers described the expulsions as unlawful and contrary to the MKP constitution and warned that they were preparing a court challenge.
“Our clients dispute the legality of the decision and intend to seek a court order reviewing and setting it aside,” attorney Khanyisa Lingani said.
The lawyers demanded an undertaking that the MKP and Zuma would not nominate replacements to Parliament while the court challenge was pending.
They gave the party 24 hours to provide the undertaking, failing which they said they would urgently seek an interdict preventing replacements.
Parliament spokesperson Moloto Mothapo confirmed on Friday that Didiza had received three letters concerning the loss of MKP membership of Kubukeli, Litchfield-Tshabalala, and Mokoena-Zondi.
Mothapo said Parliament would require the MKP to confirm that internal processes had been concluded and that the loss of membership was final before the Speaker acted.
“The party is requested to confirm that the loss of membership is final and all internal mechanisms exhausted,” he said.
Once confirmation is received, Mothapo said, the Speaker would inform the MPs of the loss of their National Assembly membership, which occurs by operation of law under section 47(3)(c) of the Constitution.
- Two MK Party leaders, Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala, have legally challenged their expulsion and termination of their National Assembly membership.
- MKP secretary-general Sibonelo Nomvalo sent letters to Parliament confirming the MPs had ceased party membership and should lose their parliamentary seats under section 47(3)(c) of the Constitution.
- Suspended MKP chief whip Mmabatho Mokoena-Zondi was also expelled, but Nomvalo later withdrew the expulsion letter pending internal party processes.
- Kubukeli and Litchfield-Tshabalala’s lawyers declared the expulsions unlawful, intend to seek a court order to review them, and demanded the party not nominate replacements while the challenge is pending.
- Parliament requires the MKP to confirm all internal procedures are complete before the Speaker can declare the MPs' loss of membership final and notify them accordingly.
Two MK Party (MKP) leaders, Pumlani Kubukeli and
“In terms of section 47(3)(c) of the Constitution of the Republic of
On the same day, Nomvalo also sent Didiza a similar letter stating that suspended MKP chief whip
National
While Kubukeli and Litchfield-
Mokoena-
Party insiders said Nomvalo wrote to Didiza on Friday, temporarily withdrawing his earlier letter concerning Mokoena-
In the withdrawal letter seen by
He asked Parliament to suspend any process arising from his earlier letter, including the declaration of a vacancy, until further communication from his office.
A well-placed source said the three MPs had not known they had been expelled when Nomvalo wrote to Parliament.
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Kubukeli and Litchfield-
“Our clients dispute the legality of the decision and intend to seek a court order reviewing and setting it aside,” attorney
Parliament spokesperson Moloto
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Once confirmation is received,
