Legal showdown looms as MK challenges suspension of 35 MPLs

The uMkhonto weSizwe Party (MKP) has given KwaZulu-Natal Legislature Speaker Nontembeko Nothemba Boyce until December 31, 2025, to withdraw her decision to suspend 35 MK Party members, or face legal action.

In a letter sent by Kwinana Mbana Nkome Sibiya Inc, the law firm representing former President Jacob Zuma’s 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 MKP, 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 MKP 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.

Boyce confirmed that 35 MK Party members and one Economic Freedom Fighters (EFF) member were suspended for what she described as “gross disorderly, violent and unlawful conduct” during a chaotic sitting last week.

The sitting followed a failed motion of no confidence in KwaZulu-Natal Premier Thami Ntuli, brought by the MKP. 

The motion was ruled to have failed after MK Party and EFF members refused to participate in the vote.

Chaos erupted after the ruling, with MK Party members allegedly attempting to prevent the Speaker from leaving the chamber. 

Members were seen pushing and shoving Boyce while hurling insults, and clashes broke out with police who entered to restore order. 

One female MPL was seen assaulting a police officer during the altercation.

Boyce later accused the implicated members of a “deliberate, coordinated assault on the dignity of the House”.

Acting in terms of the legislature’s standing rules, she imposed a sanction of five sitting days without remuneration. 

The suspensions will bar the 36 members from participating in five sittings, starting from the first sitting scheduled for January 12, 2026.

IOL Politics