Axed MK party MPs fail to reach settlement agreement as Zuma’s ‘contradiction’ in the spotlight

Ten ousted uMkhonto weSizwe (MK) Party parliamentarians have failed to reach a settlement agreement with the party, in a court battle that has thrown a spotlight on an alleged contradiction by former president Jacob Zuma.

On Tuesday, the Western Cape High Court in Cape Town heard the urgent application filed by the former MK party members of parliament (MPs).

The 10 former MPs are part of a larger group of 18 MK party members expelled by the party last month.

They are seeking an interim interdict to halt the swearing-in of their replacements while their review application, challenging their expulsion from the MK party and subsequent removal from the National Assembly, is still pending.

Former MK party MPs vs Zuma

During proceedings, Advocate Simba Chitando, representing the applicants, argued that Zuma contradicted himself in his court papers opposing the former MK party MPs’ application.

“Former president Zuma’s answering affidavit says two different things. He says that they were never members of the MK party and he also says that he used his powers to remove them. You cannot remove people that are not members of your party to begin with,” he told the court.

Chitando emphasised the urgency of the former MPs’ case, stating that they sought to protect their jobs from being filled.

“Without an interdict, there is no legal impediment of nomination of the new members,” the advocate said.

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After nearly an hour of presenting his arguments, Chitando informed Judge Kathrine Savage that a settlement might have been reached between his clients and the MK party.

“There’s never a dull day in South African politics,” he said.

While Savage adjourned the proceedings until 2pm to allow for further discussions, the two parties did not to see eye-to-eye in the end.

“The parties were unable to come to an agreement during the adjournment unfortunately,” Chitando told the court after the lengthy break.

Watch the court proceedings below:

No interdict, no review application

Continuing with his case, Chitando highlighted that out of the 18 MPs who were dismissed, only eight had been replaced by the MK party.

The lawyer also mentioned that National Assembly Speaker Thoko Didiza had warned the former MPs that without an interdict, their positions could be filled and this would render the review application “pointless”.

“From the speaker’s correspondence, it is clear that she informed the applicants that there is a pressing requirement for them to apply for an interdict if they would like to assert their rights.

“So the position of the applicants is that we have got this pressing situation.”

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Chitando further stated that the applicants’ families would be “left destitute” and “out in the cold”, as they would be forced to vacate the parliamentary villages where they currently reside.

“Unfortunately, the MK party does not have a constitution; it does not have procedures to deal with the applicants.

“We don’t know what formal process can accommodate not just them, but their dependents,” the advocate argued.

“They don’t have an alternative remedy besides an interdict,” he added.

MK party wants costs order

Meanwhile, the MK party’s lawyer, Advocate Nikiwe Nyathi, asked the court to dismiss the applicants’ case due to their failure to file a replying affidavit.

“What that means is that we have an answering affidavit with allegations that are completely unanswered.

“My learned colleague has attempted to justify some of those in the heads of argument, but those submissions that are not in the papers cannot be accepted by the court because they are submissions from the bar,” she said on Tuesday.

Nyathi told the court that her client sought a punitive costs order as well.

Savage reserved the judgment.

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