Ousted MKP MPs seek to appeal interdict ruling
Ten former MKP MPs,who claim they were unlawfully removed from their positions, are not giving up on a fight to reclaim their seats and have lodged an application for leave to appeal a recent Western Cape High Court ruling.
In August, the party ousted 18 lawmakers, who later accused former chief whip Sihle Ngubane of forging their resignation letters, reports News24.
The MPs headed to court on an urgent basis to seek an interdict to stop the party from filling the seats their departure had left vacant.
Earlier this month, the court dismissed their urgent application. Now they want to challenge the ruling.
In a joint statement, the MPs said the decision to seek leave to appeal was driven by a series of events that significantly impacted the case.
‘Firstly, the MK Party, through their legal representatives, reached out to us with a proposed settlement offer a week before our court arguments were scheduled. We instructed our attorneys to prioritise this settlement, as we believed it was in the best interests of all parties to resolve the matter out of court. We have also received several threats to our lives, and an amicable resolution of this issue would have de-escalated the issues. The settlement proposal included the reinstatement of all 10 of us and the payment of our legal fees by the MK Party,’ the statement read.
However, according to the group, the deal was off the table hours before the court proceedings, according to News24.
‘This abrupt change forced our attorneys to work through the night to prepare our confirmatory affidavits, which were submitted early on the day of the court hearing. This disruption adversely affected our case and unfairly portrayed our legal team as unprepared. On the day of the hearing, while Advocate (Simba]) Chitando, was presenting our case, the MKP's legal representatives once again offered the settlement. This development, which was broadcast live on television, led our advocate to request a recess to discuss the offer. We signed the agreement, but the MKP's representatives failed to sign it, leading to further delays and exacerbating the frustration of our counsel,’ the group said.
Furthermore, they said the MPs later discovered that there were conflicting instructions within the party.
They claimed that several high-placed individuals and senior party leaders were behind the controversy.
‘Given these circumstances and the apparent manipulation of the legal process, we feel compelled to appeal the High Court's decision. We are pursuing this appeal to seek justice and to address the internal conflicts within the MK Party that have compromised the integrity of our case. We assert that we are merely exercising our rights and are not acting out of defiance,’ the group said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.