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By Faizel Patel

Senior Digital Journalist


Court dismisses Khumalo’s bid to be reinstated on MK Parly list

Khumalo was set to attend the inaugural session of the National Assembly on Friday but was removed at the request of the MK party.


Expelled uMkhonto weSizwe (MK) party founder and leader Jabulani Khumalo has suffered a second legal blow.

This comes after the Western Cape High Court on Thursday dismissed Khumalo’s bid to be reinstated on the party’s candidate list and sworn in as a Member of Parliament (MP).

The court handed down judgment on Thursday, the same day it heard intense arguments from the MK party and Khumalo’s lawyers.

Judge Derek Wille ruled that Khumalo’s application lacks urgency.

“Having considered the papers and the arguments presented on behalf of the applicant and the third and fourth respondents, it is ordered that the application is struck from the roll as urgency has not been demonstrated as required as rule 6 (12) of the uniform rules of court.”

ALSO READ: MK party intends opening criminal case against Jabulani Khumalo

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Khumalo’s lawyer told eNCA the ruling is not the end of the matter.

“We have welcomed the judgement and we will await for further instruction from the client. We have not yet consulted with the client and upon consulting with him, we’ll then take a way forward. But the matter does not end here.”

Application hopeless

Earlier, lawyers representing former president Jacob Zuma told the Western Cape High Court that Khumalo’s application for reinstatement was “hopeless.”

The embattled MK party founder asked for his case to be heard on an urgent basis on Thursday, 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, he was removed at the request of the MK party.

Electoral Court

On Wednesday, the Electoral Court dismissed Khumalo’s application to be reinstated as leader of the MK party

Khumalo asked the court to declare his expulsion invalid and unlawful and set aside an Electoral Commission of South Africa (IEC) decision removing him and recording Zuma as president of the party.

In the judgement, the Electoral Court Judge Lebogang Modiba said Khumalo’s application was “frivolous and completely devoid of merit.”

“Barring jurisdiction, the points in limine raised by the respondents are dispositive of the application. It is unclear why Mr Khumalo persisted with the application because, on his case on urgency, it has become moot. As contended on behalf of the respondents, this application should not have seen the light of day.”

Zuma’s MK party said it intends to open a criminal case against its expelled former leader Jabulani Khumalo for “lying under oath” in the Electoral Court.

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

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