The legal battle is far from over as MK Party plans to appeal Mary Phadi’s reinstatement as the Mpumalanga convener in favour of the newly-appointed advocate Busisiwe Mkhwebane.
Phadi was reinstated after the Mpumalanga High Court ruled that her firing was unconstitutional under the party's constitution.
In a statement, MKP regarded the outcomes as a “gross miscarriage of justice” and argued that they were never served with legal papers and thus filed no opposing affidavit nor made representations.
“After retrieving the legal papers and consulting with our legal team, we have come to the decision that we will be appealing the decision of the Mpumalanga High Court appeal.
“We believe and anticipate that once our case is presented against the applicant, the judges will find that the interim order in favour of Mary Phadi was based on a misrepresentation of facts,” MKP said.
Phadi leads the MKP in the Mpumalanga Legislature. She was fired in late November after being accused of misusing party finances, but she challenged the dismissal in court.
Serious charges against her, such as allegedly manipulating party lists and participating in an alleged assassination plot against General Tough Mdluli, are other reasons for her dismissal.
Citing threats against his life and a purported plot to have him killed, General Mdluli launched a criminal prosecution in August.
During the party's list process, Mdluli, Phadi's opponent, also contested for the convener job. The party's convener in the province, former public protector Mkhwebane, took Phadi's place.
After she and Mzwanele Manyi were publicly criticised for allegedly assuming high positions within the party without following the proper procedures, Mkhwebane was appointed.
Phadi said in court filings that by firing her without completing the correct procedures, the party had failed to uphold its own constitution.
Her reappointment essentially puts Mkhwebane's position on hold for the time being.
According to MKP, the order granted by the high court was interlocutory, pending Phadi’s removal.
MKP emphasised its position that Mkhwebane was their leader in the province, not Phadi.
“We wish to state that Commander Busisiwe Mkhwebane as appointed and supported by President Jacob Zuma, remains the appointed Convener of the Mpumalanga Province and we are fully committed and confident in her leadership in executing the People's Mandate,” the party said.
MKP will be celebrating its first anniversary next week at the Moses Mabhida Stadium in Durban.
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