Jabulani Khumalo asks court to reinstate him on MK party’s MP list

Jabulani Khumalo is also seeking an order to compel the MK party and Jacob Zuma to pay the costs of his application.

Former uMkhonto weSizwe (MK) party leader, Jabulani Khumalo, has taken legal action to seek reinstatement on the party’s parliamentary list.

Khumalo filed his application at the Western Cape High Court on Monday.

The speaker of the National Assembly, Parliament’s secretary, the MK Party and MK party leader Jacob Zuma were cited as the respondents in the court papers.

Jabulani Khumalo removed from MK party list

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, which will swear in the new members of Parliament (MPs) from various political parties.

While Khumalo was set to attend the inaugural session of the National Assembly on Friday, it seems like he was removed at the request of the MK party.

ALSO READ: MK party requests Khumalo to be removed from Parliament list

“Parliament has received a letter from the party’s secretary-general regarding an amendment to the party list, which affects Mr Khumalo.

“It is standard practice for Parliament to act on instructions from the designated party representative on such matters,” Parliament’s spokesperson Moloto Mothapo told The Citizen on Tuesday.

Earlier, Mothapo stated that Khumalo was not among the officials Parliament communicates with on behalf of the MK party.

Khumalo’s application split into two folds

Khumalo, in part A of his application, has since requested the Western Cape High Court for his reinstatement on the MK party’s parliamentary candidate list as he awaits another court judgment.

The former MK party leader appeared as the first candidate on the final list following the 29 May national and provincial elections despite his expulsion a month before the polls.

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.

READ MORE: MK party files urgent application to ConCourt to interdict first sitting of Parliament

He is further seeking an order to compel the MK party and Zuma to pay the costs of his application.

“In Part A application, I urgently plead that this honourable court grant me an order that I be reinstated as an MP; and an interim interdict to restrain, prohibit and interdict the third [MK party] and fourth respondents [Zuma] or anyone working under them from removing my name as member of National Assembly pending the finalisation of part B of this application and the Electoral Court application wherein I pray that I be reinstated as MK party leader by the Independent Electoral Commission.

“Such finalisation will include the relevant appeals that may ensue,” the application reads.

“Part B may become moot relative to the outcome of my Electoral Court application,” Khumalo said in his court papers.

Read the full application below:

Jabulani Khumalo vs MK part… by Molefe Seeletsa

Parliament on Khumalo-MK party dispute

Meanwhile, Mothapo further clarified Parliament’s stance on the Khumalo and MK party saga.

“While we understand that there is a dispute concerning Mr Khumalo, Parliament can only follow the instructions from the recognised leadership of the party as identified by the IEC, pending any court outcomes regarding the dispute,” Parliament’s spokesperson said.

He cited the Constitution, which states that a person ceases to be an MP if they cease to be a member of a party that deployed them to Parliament.

“Parliament is adhering to the recognised communication channels from the party in relation to this candidates list, as used by the IEC, and it is a standard communications procedure that we use with all parties and is not limited to the matter of Mr Khumalo and the MK alone.

“We acknowledge that there is a dispute over the party leadership, which is a matter for the courts to resolve. As Parliament, we do not involve ourselves in such disputes,” Mothapo explained.

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