Expelled uMkhonto weSizwe (MK) Party founder Jabulani Khumalo will not be sworn in as a party member of Parliament.
This comes after he lost his last-minute bid to be sworn in as a member of the National Assembly on Thursday.
The Western Cape High Court has dismissed his urgent court application and struck it off the roll with costs.
Khumalo challenged the matter on an urgent basis after he was informed by the Secretary to Parliament that he will not be sworn in.
He challenged his expulsion from the party and wanted to be reinstated on the national list.
In handing down judgment, Western Cape High Court Judge Derek Bille said: “The order is as follows, having considered the papers and the arguments of the applicant and the third and fourth respondents, it is ordered that 1, the application is struck off the roll as urgency has not been demonstrated as required by rule 6 (12) of the uniform rules of the court. The applicant shall be liable for the cost confidential to the application and party scale as the text has agreed. The cost of counsel shall be following scale C. The court stand adjourned.”
VIDEO | High Court rejects Khumalo’s last attempt to join National Assembly:
Meanwhile, MK Party’s lawyer Barnabas Xulu welcomed the court order saying there were no grounds for a successful challenge by Khumalo.
“It confirms what uMkhonto weSizwe Party had maintained that Khumalo is no longer a member of the MK Party and therefore, he is not qualified to participate in tomorrow’s sitting of Parliament. We are vindicated, the fact of the matter is very clear that section 43 (C) makes it clear that if you are not a member of any political party you can’t be a member of the National Assembly.”
