Expelled MK founder Khumalo says he has a prima facie right to be sworn in as an MP
The embattled MK founder told the High Court that as the person who formed the party and registered as its leader with the IEC, he had the right to become a MP.
Jabulani Khumalo refuted claims by the Independent Electoral Commission of South Africa (IEC) that it received a letter from the MK Party that stated it changed its leader from him to former President Jacob Zuma. Picture: Jacques Nelles/Eyewitness News
CAPE TOWN - The expelled founder of the uMkhonto weSizwe (MK) Party, Jabulani Khumalo, says he has a prima facie right to be sworn in as a member of Parliament on Friday.
He said that being denied the opportunity would impact on the right of his constituency to be represented in the House.
Khumalo told the Western Cape High Court on Thursday morning that he would appeal Wednesday's Electoral Court judgement which has dismissed his claim that he was fraudulently removed as party leader.
The embattled MK founder told the High Court that as the person who formed the party and registered as its leader with the IEC, he had the right to become an MP.
Advocate Mfesane Ka-Siboto argued that Khumalo's expulsion was not currently at issue in determining the urgency of the matter.
He said that Khumalo had approached the court on Thursday because he was only informed by Parliament last week that he'd been removed from the party's list of designated MPs.
But counsel for the MK and its leader, Jacob Zuma, said to the contrary, Advocate Thabani Masuku said at the heart of this matter was in fact Khumalo’s expulsion.
He argued that Khumalo had no right to claim a spot in Parliament because he was no longer a member of the party.
Masuku said that Khumalo could not claim urgency in this matter because he was expelled in April already.
He added that the Western Cape High Court also did not have jurisdiction to hear the second part of this application, related to Khumalo’s expulsion because this took place in KwaZulu-Natal.
Ka-Siboto said that Khumalo had hoped to solve the matter internally.
The hearing continues.