KZN Legislature rejects claims of unlawful disciplinary action against MK party members

KwaZulu-Natal Legislature Speaker Nontembeko Boyce has responded to the lawyers representing the MK Party, rejecting claims that disciplinary measures imposed on 35 MKP members were unlawful, procedurally flawed, or biased.

This comes after the party had given Boyce until 31 December 2025 to withdraw the suspension of the 35 members, threatening legal action if she did not comply.

In a letter sent by Kwinana Mbana Nkome Sibiya Inc, the law firm representing former President Jacob Zuma’s party, the MKP described the suspensions as “unlawful, irrational, and procedurally flawed.”

The firm claimed that the sanctions were imposed without a hearing, in breach of the audi alteram partem principle, and alleged that Boyce’s conduct violated natural justice by being biased.

Boyce addressed these claims, saying: “We wish to put it on record that the Legislature served each affected member with suspension based on the severity of transgression and not as a group.”

She noted that the Legislature is in possession of correspondence from some of the affected parties, through their chosen attorneys, and that some have directly contacted the Legislature.

“We therefore cannot take your assertion that you represent these Members at face value,” she said.

The MKP’s lawyers argued that the legislature’s standing rules were not followed, alleging that Boyce failed to name the affected members, imposed impermissible “collective punishment,” and did not announce the suspensions within the two-day period required under Rule 63(1).

They also claimed that the selection of suspended members lacked rational grounds, citing instances where alleged misconduct by ANC members went unsanctioned.

The letter further alleged procedural irregularities, including the failure to use the mace, ring the bells before voting, and allow debate on the method of voting.

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, which was ruled to have failed after MKP and EFF members refused to participate in the vote.

Chaos erupted after the ruling, with MKP 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. 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, which will bar the 36 members from participating in sittings starting 12 January 2026.

Boyce said the Legislature “rejects the contention that the disciplinary measures imposed on some Members of the Legislature were unlawful, procedurally irregular, or inconsistent with the Constitution or the Rules of the KwaZulu-Natal Provincial Legislature.”

She further emphasised that “the Speaker may give a ruling or frame a Rule in respect of any eventuality for which these Rules do not provide as per Rule 3 of the Standing Rules of the KwaZulu-Natal Legislature.”

Criticising the lawyers’ approach, Boyce described it as “unduly rigid and sequential,” adding that it “is not supported by their text, purpose, or established parliamentary practice.”

“Accordingly the KZN Legislature stands by the decisions it has taken,'' she said. 

hope.ntanzi@iol.co.za 

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