The uMkhonto weSizwe Party (MKP) is heading for a court showdown with two expelled members, Pumlani Kubukeli and Dr Khanyisile Litchfield-Tshabalala, who are challenging party president Jacob Zuma’s power to summarily remove them from their positions.
The pair were expelled last month after Kubukeli said he had opened a criminal case relating to alleged financial irregularities involving party funds.
The case could have wider implications within the party, as Zuma has threatened to use the same powers against MK Party members in the KwaZulu-Natal Legislature who allegedly failed to pay party levies.
Zuma reportedly threatened to invoke section 7(2)(h) of the party’s constitution to expel members who had not paid their levies. The clause, referred to as the “presidential decree”, allegedly empowers Zuma, as party president, to expel members without a disciplinary hearing.
Last week, Zuma reportedly gave members of the KwaZulu-Natal Legislature seven days to pay their levies or face automatic expulsion.
Kubukeli and Litchfield-Tshabalala, both recently elected Members of Parliament, filed papers in the Western Cape High Court on Friday asking it to declare Zuma’s powers unconstitutional.
MKP is the official opposition in the National Assembly after winning the third-largest share of seats in the May 2024 national and provincial elections, after which the ANC, the DA and other small parties formed the Government of National Unity.
MKP is also the largest party in KwaZulu-Natal with a plurality of 37 out of 80 seats after securing roughly 45.3% of the total provincial vote, but it does not hold an outright majority.
Kubukeli and Litchfield-Tshabalala argue that the clause does not empower Zuma to expel anyone without a disciplinary hearing.
The matter was filed on an urgent basis and is expected to be heard on September 17.
In his founding affidavit, Kubukeli argued that the party’s constitution provides for disciplinary processes to be handled by structures including the National Disciplinary Committee and the National Disciplinary Committee of Appeals.
He said the constitution clearly stipulates that members may be subjected to disciplinary processes only through these structures.
Kubukeli also argued that Zuma is not a member of the appeals committee.
He further submitted that the Constitution empowers the president to overturn an expulsion by the disciplinary committee, rather than to expel members directly.
The two expelled members link their removal to the formation of the Special Presidential Team (SPT), for which Kubukeli was appointed convener.
In his affidavit, Kubukeli said he was called by Zuma to a meeting in Durban in July, attended by national officials. He said Zuma announced the establishment of the 20-member SPT.
Kubukeli said it was explained at the meeting that the SPT would be the decision-making body, while working with national officials to prepare for the upcoming local government elections.
He also said a forensic report implicating senior national officials was discussed and that Zuma directed him to open criminal cases against those implicated.
Zuma established the SPT after receiving a confidential internal report from a senior Member of Parliament, who warned him of an alleged plot by senior party members to capture the party politically and financially.
The confidential report, which The National has seen, detailed the alleged mismanagement of party funds in a way that could weaken the party’s election machinery.
It is understood that the report led to a forensic investigation. The forensic investigation report, which The National has also seen, alleged that irregularities involving the party’s bank accounts warranted further investigation, including possible referral to the police.
Acting on what he said were recommendations arising from Zuma’s mandate, Kubukeli opened a fraud case with the South African Police Service (SAPS) in Midrand on July 30.
However, on August 2, he returned to the police station and deposed an affidavit stating that Tony Yengeni, the party’s second deputy president, had asked him to withdraw the case.
Kubukeli said Yengeni told him he was acting on Zuma’s orders and that Zuma would handle the matter internally.
On August 4, Kubukeli said he learned through the media, without prior notice, that the SPT had been dissolved.
On August 27, he and Litchfield-Tshabalala, who was also a member of the SPT, received letters informing them of their expulsion.
Last week, Kubukeli and other party members opened fraud cases against party officials.
They also opened a case of defeating the ends of justice against Yengeni, alleging that he instructed Kubukeli to withdraw the fraud case.
The SAPS has not yet confirmed the cases.
A source in the party said Kubukeli was expelled for opening a fraud case based on the forensic report.
Zuma’s powers are also being challenged by former MPs Nhlamulo Ndhlela and Duduzile Zuma-Sambudla.
Their case is expected to be heard in the South Gauteng High Court next month.
The two were expelled by the party in July and argue that they were removed without being subjected to a disciplinary hearing.
Party spokesperson Sifiso Mahlangu said he would respond after reviewing the court papers, but had not done so by the time of publication.
Political analyst Professor Ntsikelelo Breakfast said Zuma’s decree would not stand in court since it violates natural justice, which guarantees an accused person the right to state their case before sentencing.
willem.phungula@nationalmg.co.za