The axed MK party members failed to file a replying affidavit.
The uMkhonto weSizwe (MK) Party MPs have suffered a blow after their interdict application was dismissed.
On Monday, the Western Cape High Court in Cape Town delivered its ruling, dismissing the urgent application with costs.
The 10 former MPs sought an interim interdict to halt the swearing-in of their replacements while their review application, challenging their expulsion from the MK party and subsequent removal from the National Assembly, is still pending.
They were part of a larger group of 18 MK party members expelled by the party last month.
The expelled MK party members – Thamsanqa Khuzwayo, Isaac Menyatso, Citron Motshegoe, Augustina Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwell Masilela, France Mfiki, Senzo Dlamini, and Agnes Mogotsi – accused the party booting them out of the party without following due processes.
So far, only eight MPs been replaced by the party led by former president Jacob Zuma.
Former MK party MPs interdict dismissed
In the judgment, Judge Kathrine Savage stated that the former MPs failed to prove the urgency of their application.
Savage highlighted that the applicants did not include important facts in their court papers.
The axed MK party members also failed to file a replying affidavit.
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The applicants only filed confirmatory affidavits on the day the case was heard on 3 September.
The judge said the former MPs further failed to show they held a prima facie right to an interim interdict based on the review application.
“In claiming this, without pleading any factual basis to support this claim, the applicants fail to show the existence of a prima facie right to the relief sought,” the judgment reads.
Court on Zuma
While Savage commented on the way Zuma runs his party, the judge dismissed the applicants’ interdict application with costs.
“Despite the concerning picture painted by Mr Zuma regarding the manner in which the MK party currently operates and makes decisions involving its members, it remains for the applicants to show that the prerequisites for the interim relief sought by them have been met.
“An interim interdict is not to be granted by a court simply on the asking.
“Even if regard is had to the version of events advanced by Mr Zuma, the applicants have failed to show the existence of a prima facie right worthy of protection.
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“Given the paucity of relevant material averments set out in their papers, they have not established a reasonable apprehension of irreparable harm, nor that no alternative remedy is available to them or that the balance of convenience is in their favour.
“In such circumstances, with the requirements for the grant of an interim interdict not met, the application cannot be granted and it consequently falls to be dismissed,” Savage said.
She further rejected the MK party’s argument that the high court lacked jurisdiction to hear the case.
“Turning to the issue of costs, there is no reason why the ordinary rule relating to the award of costs should not apply and counsel for both parties accepted as much. Costs must therefore follow the result.”
The MK party has since released a statement, welcoming the judgment.
