The Western Cape High Court has overturned the expulsion of two MK Party MPs, Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala, by party president Jacob Zuma. Judge Daniel Thulare ruled that the MPs were not given a fair opportunity to respond to allegations against them before Zuma terminated their party membership. Thulare emphasized that even a "Supreme Leader" must observe the principles of natural justice when exercising authority.
Zuma had expelled Kubukeli and Litchfield-Tshabalala from the National Assembly on August 27, citing his powers under the MK Party constitution. The party constitution grants Zuma extensive powers, including the authority to issue presidential decrees that are binding throughout the party. However, Thulare questioned the manner in which Zuma exercised those powers, finding that the MPs were not informed of the allegations against them and given an opportunity to respond.
The court rejected the MK Party's argument that Kubukeli and Litchfield-Tshabalala should have first exhausted internal party remedies before approaching the courts. Thulare also questioned whether MK Party secretary-general Sibonelo Nomvalo had established that Zuma himself had followed a fair process in expelling the MPs. The judgment states that Zuma's decision did not provide any reasons, to which the applicants were entitled.
MK Party national spokesperson Sifiso Mahlangu announced that the party would be lodging an appeal against Thulare's judgment. The powers vested in Zuma by the MK Party constitution have resulted in a string of senior leaders losing influential positions. Former EFF deputy president Floyd Shivambu, who defected to the MK Party, was removed as secretary-general in June 2025 and later had his membership terminated.
The Western Cape High Court ruling coincided with the Electoral Court's judgment dismissing an application by the MK Party seeking to have the Electoral Commission of South Africa's 2024 general election results set aside. The MK Party's use of presidential decrees has raised concerns about the party's internal democracy and the concentration of power in Zuma's hands.
The judgment has significant implications for the MK Party and its leadership. Zuma's reputation for expelling party members has raised concerns about his leadership style and the party's internal dynamics. The court's emphasis on procedural fairness and natural justice may lead to changes in the way the party handles disciplinary matters.
The MK Party's appeal against the judgment is expected to be heard in the coming weeks. The party's leadership will need to navigate the complexities of internal democracy and the role of its president in exercising disciplinary powers. The outcome of the appeal will have significant implications for the party's future and the leadership of Jacob Zuma.
Key points
- The Western Cape High Court has ruled that MK Party president Jacob Zuma must observe natural justice when expelling party members.
- The court overturned the expulsion of two MK Party MPs, Pumlani Kubukeli and Khanyisile Litchfield-Tshabalala, citing a lack of procedural fairness.
- The MK Party plans to lodge an appeal against the judgment, which may have significant implications for the party's leadership and internal democracy.
