Duduzile Zuma-Sambudla and former MK Party spokesperson Nhlamulo Ndhlela have escalated their battle with the party by preparing a formal legal challenge to their expulsions, setting the stage for what could become the first major court test of the party’s disciplinary processes.
In a joint statement released on Sunday, the pair confirmed that they would first write to MK Party secretary-general Sibonelo Nomvalo to demand clarity on the constitutional provisions allegedly used to expel them before approaching the courts on an urgent basis.
The move shifts the dispute from the political arena into a potential legal showdown that could force the party to disclose how the expulsions were authorised and whether the correct internal procedures were followed.
“We will be writing to the secretary general requesting which sections of the constitution were invoked to expel us,” the statement reads.
“Pending that letter of response or not, we will instruct our legal representatives to approach the High Court on an urgent basis to challenge the purported expulsions.”
The pair insist that they learnt of their expulsions through media reports and argue that no properly constituted disciplinary process preceded the decision.
Central to their case is the argument that the MK Party constitution creates specific disciplinary structures, including a national disciplinary committee, national disciplinary committee of appeals and national prosecutor, which must handle disciplinary matters before members can be suspended or expelled.
Zuma-Sambudla and Ndhlela say none of the structures was used in their case.
They contend that no lawful disciplinary inquiry was conducted, no properly constituted disciplinary hearing took place and no findings were made by a structure empowered under the party constitution to impose expulsions.
Instead, they argue, the decision was communicated publicly through a media briefing.
The statement also reveals that Ndhlela had previously lodged a formal objection to the disciplinary process after his suspension, challenging the authority of the officials involved and the procedure that was followed.
He says the disciplinary process suffered from “fundamental procedural defects” and argues that the secretary-general lacks unilateral authority to institute disciplinary proceedings.
The expelled leaders further allege that mandatory timelines, complaint procedures and referral processes required by the party constitution were not followed.
While much of the statement focuses on procedural objections, the pair also signal that the court challenge could expand beyond the expulsions themselves.
They reserve the right to institute separate legal proceedings for defamation over statements they say were published about them during the disciplinary saga.
“We further reserve the right to institute legal proceedings for defamation and any other appropriate relief in respect of statements published about us that are false, unsubstantiated and damaging to our reputations, dignity and standing,” they state.
The legal challenge comes after MK Party leaders announced their expulsion following allegations linked to events surrounding the funeral arrangements of the late party official Muzi Ntshingila.
Zuma-Sambudla and Ndhlela deny wrongdoing and maintain they never interfered with funeral preparations.
The looming court action places pressure on the party to demonstrate that its disciplinary structures were properly constituted and that the expulsions complied with its own constitution.
Should the matter proceed, the high court might ultimately be asked to determine whether the expulsions were valid or whether the party bypassed mandatory internal processes before removing two of its most prominent members.
- Duduzile Zuma-Sambudla and former MK Party spokesperson Nhlamulo Ndhlela have escalated their battle with the party by preparing a formal legal challenge to their expulsions, setting the stage for what could become the first major court test of the party’s disciplinary processes.
- In a joint statement released on Sunday, the pair confirmed that they would first write to MK Party secretary-general Sibonelo Nomvalo to demand clarity on the constitutional provisions allegedly used to expel them before approaching the courts on an urgent basis.
- The move shifts the dispute from the political arena into a potential legal showdown that could force the party to disclose how the expulsions were authorised and whether the correct internal procedures were followed.
- “We will be writing to the secretary general requesting which sections of the constitution were invoked to expel us,” the statement reads.
- “Pending that letter of response or not, we will instruct our legal representatives to approach the High Court on an urgent basis to challenge the purported expulsions.” The pair insist that they learnt of their expulsions through media reports and argue that no properly constituted disciplinary process preceded the decision.
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Duduzile Zuma-Sambudla Nhlamulo Ndhlela
In a joint statement released on Sunday , the pair confirmed that they would first write to MK Party secretary-general Sibonelo Nomvalo to demand clarity on the constitutional provisions allegedly used to expel them before approaching the courts on an urgent basis.
"We will be writing to the secretary general requesting which sections of the constitution were invoked to expel us," the statement reads.
"Pending that letter of response or not, we will instruct our legal representatives to approach the High Court on an urgent basis to challenge the purported expulsions."
Central to their case is the argument that the MK Party constitution creates specific disciplinary structures, including a national disciplinary committee, national disciplinary committee of appeals and national prosecutor, which must handle disciplinary matters before members can be suspended or expelled.
Zuma-Sambudla Ndhlela
Instead, they argue, the decision was communicated publicly through a media briefing.
He says the disciplinary process suffered from "fundamental procedural defects" and argues that the secretary-general lacks unilateral authority to institute disciplinary proceedings.
While much of the statement focuses on procedural objections, the pair also signal that the court challenge could expand beyond the expulsions themselves.
"We further reserve the right to institute legal proceedings for defamation and any other appropriate relief in respect of statements published about us that are false, unsubstantiated and damaging to our reputations, dignity and standing," they state.
Zuma-Sambudla Ndhlela
