The Western Cape High Court has set aside the expulsions of uMkhonto weSizwe (MK) Party MPs Pumlani Kubukeli and Dr Khanyisile Litchfield-Tshabalala.
The pair were expelled in August 2026. MK Party secretary-general Sibonelo Nomvalo subsequently wrote to the Speaker of Parliament, notifying her of their expulsions and arguing that they should consequently lose their seats as MPs.
In the high court, Kubukeli and Litchfield-Tshabalala challenged whether party president Jacob Zuma had the power to expel them through a presidential decree without following the MK Party’s disciplinary processes and requirements of natural justice.
In a judgment handed down on Friday (September 25), Western Cape High Court Judge Daniel Thulare set aside their expulsions. He directed that the matter be referred back to Zuma to be dealt with according to the correct rules and procedures.
The court’s order also restored the duo’s membership of the National Assembly. However the MK Party has indicated that it will seek leave to appeal the ruling.
Approached for comment after the ruling, Kubukeli said the judgment had vindicated the argument presented to the court on their expulsions.
“We were right from the outset that President Zuma did not have powers to expel people without a disciplinary. We are going to meet our lawyers to study the judgment but we are happy with the order,” Kubukeli said.
Judge finds applicants were denied procedural fairness
Dealing with the presidential decree, Judge Thulare said the MK Party’s constitution gave Zuma supreme leadership within the party and the final say on all matters.
However, he said the issue before the court was whether the powers exercised by Zuma and the party were lawful.
“Even for a Supreme Leader, ultimate power and presidential decree should not prevail over the rules of natural justice especially but not limited to procedural fairness. This ensures that the power is used in a responsible way.”
The judge noted that the presidential decree had not been submitted to the court in writing and that Zuma had not filed an affidavit in the matter. The court therefore relied on Nomvalo’s affidavit.
Judge Thulare said Nomvalo, a trained lawyer, had not explained in his affidavit how the applicants’ right to procedural fairness had been observed. He also said they had not been given written reasons for their expulsion.
“The SG (Nomvalo), as a lawyer, should know that the applicants had rights to be advised of a case against them and be given a reasonable opportunity to prepare a defence and be allowed to engage with any accusations against them, and advance their defence before an adverse decision was made against them.”
The court further said Zuma should be advised on legal matters, specifically on his presidential decrees to enable him to advance his political vision lawfully.
Judge Thulare also said that those affected by a presidential decree, should have been put in “possession of such information as will render their right to representation real and be given a reasonable opportunity in which to assemble the relevant information and to prepare and put forward his representations”.
The MK Party said in a short statement on Friday that it would apply for leave to appeal the ruling.