KwaZulu-Natal Speaker reaffirms legality of disciplinary measures against MKP members

KwaZulu-Natal Legislature Speaker Nontembeko Boyce has publicly rejected claims from the lawyers representing the MK Party (MKP) that the disciplinary measures imposed on 35 of its members were unlawful, procedurally flawed, or biased. This response comes after threats from the MKP to pursue legal action against Boyce if she does not withdraw the suspensions by December 31.

In a letter, law firm Kwinana Mbana Nkome Sibiya Inc, representing the MKP, the suspensions were termed “unlawful, irrational and procedurally flawed,” with allegations that they were enacted without due process, violating the audi alteram partem principle that upholds fairness during disciplinary hearings.

Boyce firmly addressed these claims, clarifying that each affected member was sanctioned based on the severity of individual transgressions rather than as a collective punishment. She indicated that the Legislature had received communications from some of the suspended members, contradicting the assertion made by their attorneys claiming representation of the entire group. “We cannot take your assertion that you represent these Members at face value,” Boyce commented.

The letter from the MKP’s legal team argued that the Legislature’s standing rules were not adhered to, citing that Boyce failed to specify the affected individuals, imposed collective penalties, and neglected to announce suspensions within the required timeframe outlined in Rule 63(1). They further alleged that members of the ANC who were also purportedly involved in misconduct faced no similar repercussions, raising questions about fairness in the process.

Compounding the situation, procedural irregularities were highlighted, such as the alleged improper use of parliamentary symbols and failure to facilitate proper debate before implementing voting methods. Boyce defended the Legislature's actions by emphasising that the 35 MKP members, along with one from the EFF, were suspended following “gross disorderly, violent and unlawful conduct” in the chamber during a recent legislative session.

The chaotic scene unfolded following a failed motion of no confidence against KwaZulu-Natal Premier Thami Ntuli initiated by the MKP. After the motion was dismissed, MKP and EFF members allegedly attempted to block the Speaker from exiting the chamber, leading to confrontations and clashes, with police called in to restore order. Boyce described the incidents as a “deliberate, co-ordinated assault on the dignity of the House.”

In line with the Legislature’s standing rules, Boyce imposed a penalty of five sitting days without remuneration for the 36 members, marking their exclusion from legislative activities starting January 12, 2026. She firmly rebuffed the MKP’s legal reasoning, asserting that the disciplinary measures were entirely lawful, adhering to both the Constitution and the rules governing the KwaZulu-Natal Provincial Legislature.

“The Speaker may give a ruling or frame a Rule in respect of any eventuality for which these Rules do not provide as per Rule 3 of the Standing Rules of the KwaZulu-Natal Legislature,” Boyce elaborated. She further critiqued the approach taken by the MKP’s legal counsel as “unduly rigid and sequential,” arguing that it did not align with established parliamentary practices. “Accordingly, the KZN Legislature stands by the decisions it has taken,” she concluded, reinforcing her commitment to upholding the integrity of the legislature.

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