Court tells MK Party it has no members, constitution amended illegaly. Mary Phadi Mkhwebane

Описание: Mbombela High Court has handed down a significant ruling, declaring that Mary Phadi is no longer a member of the uMkhonto weSizwe Party (MKP) and is also no longer a lawful member of the Mpumalanga Provincial Legislature.

This judgment came after a counter-application from the MKP, supported by party president Jacob Zuma’s detailed affidavit, which argued that Phadi’s actions had violated the party’s constitution.

The court affirmed that Phadi’s membership had been validly terminated after she defied party structures, insulted officials, and organised rival rallies.

According to the ruling, these actions were in direct contravention of the MKP's internal rules and values. The ruling represents a significant blow to Phadi’s political future, removing her from both the party and the legislature.

The court's decision cited section 106(3)(c) of the Constitution, which stipulates that a person must cease to hold a seat in the provincial legislature if they are no longer a member of the party that nominated them.

In addition to losing her position, Phadi was also ordered to cover the legal costs associated with both her original contempt of court application and the MKP’s counter-application. This decision further weakens her standing, both legally and politically. Though Mkhwebane was not a formal party to the court proceedings, the ruling clears the way for her to assume the leadership roles once held by Phadi.

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These roles include that of MKP leader in the Mpumalanga legislature and provincial convenor. With Phadi officially removed from the equation, Mkhwebane’s political future within the party appears to be solidified. Insiders suggest that her leadership could be pivotal in stabilising the MKP, which has been struggling with internal divisions and factionalism.

The ruling also signals the end of months of internal turmoil within the MKP, which saw the party split into rival factions. This division led to poor electoral performance and significant public embarrassment for the party.

With the court ruling now behind them, MKP officials believe the party can focus on reuniting its fractured provincial branches. Phadi’s departure marks a fresh start, allowing Mkhwebane and other key leaders to move forward with their plans for stabilising the party’s internal structures.“The judgment today restored the soul of MKP in Mpumalanga,” Mkhwebane said following the court’s decision


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