By Lehlohonolo Lehana.
Expelled founder of Umkhonto weSizwe Party (MKP) Jabulani Khumalo has filed an urgent application in the Western Cape High Court to interdict Parliament and the MK party from removing his name as a member of Parliament.
Khumalo announced in a statement on Monday, he will be attending the first sitting of parliament, despite a statement from the party stating that its members will not attend the sitting.
He stated this after his name appeared on the list of elected MPs who will represent their parties in the National Assembly.
Khumalo was expelled in the lead-up to the May 29 elections following allegations that he had been paid to infiltrate the organisation.
His party has since has sent a letter to the parliament secretary, explaining that Khumalo is no longer a member of the organisation.
Khumalo has asked that his case be heard on an urgent basis on Thursday, 13 June, a day before the first sitting of the National Assembly.
Khumalo, in part A of his application, has requested the Western Cape High Court for his reinstatement on the MK party’s parliamentary candidate list as he awaits another court judgment.
He is challenging this in the Electoral Court, seeking an order to reverse his expulsion and reinstate him as the MK party’s leader with immediate effect.
The judgment in the matter was reserved by the Electoral Court on 3 June.
In part B, Khumalo also asked the high court to declare the MK party’s 26 April letter sent to the Electoral Commission of South Africa (IEC) regarding his expulsion to be unlawful and invalid.
He is further seeking an order to compel the MK party and Jacob Zuma to pay the costs of his application.
Khumalo registered the MKP on September 7 with the Electoral Commission of South Africa (IEC).
MKP has indicated that its 58 elected members, who are expected to occupy seats in the National Assembly, will boycott and not attend the first sitting.
The party which gained a little over 14% of the national vote, has filed urgent papers with the Constitutional Court to interdict the sitting.
The MKP is arguing that the National Assembly’s first session should not have been scheduled because it is unconstitutional.
In its court papers, the MK party said the National Assembly cannot be properly constituted unless there at least 350 members of Parliament present as prescribed in Section 46 of the Constitution.
The party also asked the court to order President Cyril Ramaphosa by proclamation to call and set dates for another election which must be held within 90 days of the order in terms of Section 49 of the Constitution.
The MK party’s legal action follows their ongoing grievances regarding the election results.
In an affidavit filed, MK party claims the elections were not “free and fair.”
“The determination by the IEC that the elections were free and fair and/or the decision to forge ahead with the declaration of the results of the elections on 2 June 2024 were unconstitutional, unlawful, unreasonable and irrational in the prevailing circumstances.”
“The applicant (MK party) plus a minimum of 25 political parties which were contesting the elections signed a petition or collective objection making referance to hundreds of examples of irrgularities.”
On Monday, the party legally instructed the Secretary to Parliament, Xolile George and Chief Justice Raymond Zondo to refrain from convening the sitting of both houses of Parliament or face legal action.
Zondo officially declared the date of the inaugural session of the National Assembly.
The Office of the Chief Justice has since confirmed that South Africa’s seventh democratic National Assembly will be constituted on Friday, 14 June.