By Lehlohonolo Lehana.
MK Party has given KwaZulu-Natal legislature Speaker, Nontembeko Boyce, until 31 December 2025 to withdraw the decision to suspend MPLs of the party or face legal action.
Boyce has suspended 32 members of the legislature following a failed motion of no confidence against premier Thami Ntuli on Monday 15 December 2025.
A scuffle broke out when MK Party members rejected the results, prompting the proceedings to be adjourned.
A heavy throng of police had to be called in and Boyce had to be whisked out after she was manhandled by angry members of the party.
In a statement, Boyce said the members were suspended according to rule 63 (1) of the Standing Rules, for gross disorderly, violent and unlawful conduct during the sitting of the 15 December 2025.”
Boyce said, “the Legislature will not tolerate violence, intimidation or deliberate disruption of its proceedings.”
She added, that the Speaker has exercised her powers, in terms of the Standing Rules, to impose a sanction of 05 days without remuneration, from the 12-17 January 2026, inline with the provisions of rule 66.”
In a letter sent by Kwinana Mbana Nkome Sibiya Inc, the party said the suspensions were unlawful, irrational and procedurally flawed.
“We act for uMkhonto weSizwe Party (MKP), Honourable BC Mngadi, who is the chief whip of the MK Party, and the other 34 members addressed in letters dated December 18, 2025, which purport to be letters of suspension in terms of Rule 66, “the firm said.
The lawyers argued that the sanctions were imposed without affording affected members a hearing, in breach of the audi alteram partem principle, and alleged that Boyce’s conduct was tainted by bias, violating the nemo iudex rule of natural justice.
They further claimed the legislature’s standing rules were not followed, saying Boyce failed to name the affected members, imposed what they described as impermissible “collective punishment”, and did not announce the suspensions within the two-day period required under Rule 63(1).
The letter also alleged there were no rational grounds for the selection of members who were suspended, claiming ANC members who allegedly acted violently were not sanctioned.
The letter pointed to additional procedural irregularities, including the alleged failure to use the mace, ring the bells before voting and allow debate on the method of voting.
The MK Party accused Boyce of calling members of the South African Police Service (SAPS) into the chamber in breach of the separation of powers, and of conducting a vote while police were still present.
The party said members were given no opportunity to mitigate the sanctions or to lodge appeals or reviews.
“The purpose of this letter is to demand that you immediately withdraw the illegal suspension decision(s) on or before December 31, 2025, at 10am, failing which our clients will pursue all legally available remedies, including urgent litigation,” the letter said.
The suspensions are expected to have a significant impact on proceedings when the KZN legislature reconvenes in January.