Cape Town - Several axed former uMkhonto weSizwe Party (MKP) MPs have approached the Western Cape High Court, seeking an urgent interdict prohibiting the party from filling their positions in the National Assembly, pending an application reviewing and setting aside the decision to terminate their membership.
The High Court sat briefly yesterday to consider the application, where the matter was postponed to September 3 to allow parties time to file answering and replying affidavits.
The application also seeks to prohibit the Speaker of the National Assembly from swearing in new MKP MPs.
The applicants cited in the court documents are Thamsanqa Kuzwayo, Isaac Menyatso, Citron Motshegoe, Augastina Gwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini and Agnes Mogotsi.
They are seeking a prohibition order which states they would not be denied any of the benefits associated with National Assembly membership including parliamentary accommodation pending the outcome of the review application. On August 19, the applicants were not allowed access to the parliamentary accommodation.
However, following intervention from their lawyers, they were allowed to gain entry but were told they had 30 days to vacate the residences.
In their applications, they stated they had resigned from previous employment before becoming MPs and had no alternative accommodation should they be evicted.
On August 15, the applicants were paid R12000 as opposed to R102000.
According to MKP Western Cape spokesperson, Ncumisa Mahangu, the case has been postponed to September 3. The party’s national spokesperson, Nhlamulo Ndhlela, could not be reached for comment yesterday.
On August 8, Parliament confirmed that it had received correspondence from the MKP, advising the Speaker of its decision to remove 15 members of its public representatives from the National Assembly.
The correspondence was received by Sihle Ngubane, the party’s chief whip.
In the correspondence he indicated the termination of their membership and stated that this decision was final, after all the internal mechanisms had been exhausted.
On August 7, the members received correspondence from Speaker Thokozile Didiza of the termination.
The applicants claimed they were never informed, orally or in writing, of the party’s intention to terminate their membership and that no processes were followed in the termination of the applicants’ membership.
The applicants also refute statements made by the MKP to Parliament around resignations of some of the former members, stating that this was fabricated to pave the way for the terminations and removal from Parliament so as to allow former EFF deputy president Floyd Shivambu and other former EFF members to “replace” them.
In a statement from the party on August 8, the MKP said that on swearing in on June 25, 12 members were informed that they would be replaced as MPs.
“They were further advised not to proceed to avail themselves for the swearing in, or if they so wished proceed with the understanding that they would be replaced at a later stage, pending the Parliamentary procedures,” the party said.