An urgent High Court bid by two expelled MK Party figures to overturn their removal was struck from the roll on Tuesday after the presiding judge said he had not been given enough time to prepare for the matter.
Duduzile Zuma-Sambudla, daughter of former president Jacob Zuma, and Nhlamulo Ndhlela, the party’s founding national spokesperson, launched the application after their expulsion on 18 June.
The pair said in a joint statement that Tuesday’s outcome was procedural and did not amount to a ruling on the merits of their case. They have instructed their legal team to urgently re-enrol the matter next week.
Background to expulsion
MK Party secretary-general Sibonelo Nomvalo announced the immediate expulsion of Zuma-Sambudla and Ndhlela at a media briefing last month, accusing them of acting inconsistently with the party’s constitution, values and organisational interests.
The party alleged that Zuma-Sambudla used public platforms and social media to undermine party unity, promote factional narratives and discredit leadership. Ndhlela was accused of holding unauthorised media briefings and misrepresenting official party positions.
Both were also implicated in events surrounding the death of MK Party MP Edward Mzikayise Ntshingila, who died on 4 June at 43 after a prolonged illness. The party claimed the pair transferred the ailing MP to another healthcare facility without his family’s knowledge and removed his belongings from his parliamentary residence without informing relatives.
Legal challenge
Zuma-Sambudla and Ndhlela argued in court that they were expelled through a public announcement without being served with formal charges, notified of disciplinary proceedings or given an opportunity to respond.
The applicants challenge the legal basis used by Nomvalo, arguing the secretary-general invoked a “Section 2(h)” of the MK Party constitution that does not exist. They contend that relying on a non-existent constitutional provision renders the decision irrational, unlawful and liable to be set aside.
A separate legal opinion commissioned by Ndhlela concluded that party leadership bypassed its own constitution by announcing his expulsion without first referring the matter to the National Disciplinary Committee for a hearing.
ALSO READ: Duduzile Zuma-Sambudla rejects MK Party expulsion amid internal discipline row
Other legal battles
The MK Party expulsion case is not Zuma-Sambudla’s only legal woe. She is currently facing criminal charges in the KwaZulu-Natal High Court over her social media posts during the July 2021 unrest that followed her father’s imprisonment.
The state has charged her with incitement to commit terrorism and incitement to commit public violence. Prosecutors allege she used her X account to encourage widespread looting and violence through posts accompanied by the phrase “we see you” and fist emojis.
Her trial began in November last year, with proceedings resuming in April when social media expert Emma Sadleir was cross-examined about her analysis of 28 tweets posted by Zuma-Sambudla during the unrest. The case was adjourned to August.
The July 2021 unrest, which primarily affected KwaZulu-Natal and Gauteng, resulted in more than 350 deaths. Zuma-Sambudla has pleaded not guilty to all charges.
ALSO READ: Duduzile Zuma-Sambudla faces new criminal charges as legal troubles mount
