By Lehlohonolo Lehana.
Mary Phadi has lost her court bid to obtain a contempt of court judgment against Umkhonto weSizwe (MK) Party leaders for removing her as a leader of the party in Mpumalanga.
Phadi had filed an application alleging that MK Party were in contempt of court after her previous reinstatement in December 2024, arguing that the party had failed to comply with the ruling. However, the High Court dismissed her application and granted the MK Party’s counter-application to affirm her removal.
During the proceedings, Phadi’s legal representative Advocate Zandile Mshololo accused the MK Party of violating both its internal processes and the South African Constitution. She told the court that Phadi’s expulsion in October 2024 was procedurally flawed and did not adhere to the MK Party’s own rules.
“The president of the party cannot… just take a decision to terminate a member without following the procedure, firstly, my lord, of their own constitution and secondly, the constitution of the country,” Mshololo argued.
The MK Party challenged Phadi’s reinstatement, and argued Phadi was no longer a member of the party, but they allowed her to continue with activities because of their respect for the court outcome.
And acting Judge Herman Fourie ruled in the party’s favour.
The judgment effectively clears the way for Busisiwe Mkhwebane to formally assume the roles Phadi once held.These include that of MK Party leader in the Mpumalanga legislature and provincial convenor.
“The applicant is no longer a member of the respondent. It is declared that in terms of the constitution of South Africa, the applicant is no longer a dual mandate member of the Mpumalanga Provincial Legislature. The second respondent is directed to take all necessary steps with the removal of the applicant at the Mpumalanga Legislature,” said acting Judge Fourie.
The judge cited section 106(3)(c) of the Constitution, which provides that a person loses their seat in the provincial legislature if they cease to be a member of the party that nominated them.
The court also ordered Phadi to pay the legal costs of both her initial contempt of court application and the MK Party’s counter-application.
In a dramatic turn of events outside the Mbombela High Court on 8 July 2025, Phadi set alight a copy of the MK Party’s constitution after losing her court bid.
Her dramatic burning of the party’s constitution outside the court has, however, become a symbolic act that captures the frustration of a bruising political battle in the most volatile opposition party.
Phadi said she does not regret mobilising for the party. She has vowed to respect the decision of the court.
“I am accepting the decision of the court and I am not hurt. I am saying that whatever I was doing, I was not doing for an individual. I was doing it for people of South Africa, hence I took a decision to work the ground. I was always on the ground and I encourage each member of uMkhoto weSizwe to find a direction to go,” said Phadi.