Legal opinion shreds MK party’s expulsion of Nhlamulo Ndhlela
· Citizen
The MK party’s dramatic expulsion of national spokesperson Nhlamulo Ndhlela has been torn apart in a scathing legal opinion, which declared the move “unconstitutional, procedurally invalid, and unenforceable.”
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Ndhlela and party leader Jacob Zuma’s daughter, Duduzile Zuma‑Sambudla, were expelled last week after officials accused them of actions and statements that undermined party unity.
Charges
Ndhlela was charged with addressing media briefings without approval and misrepresenting party positions, while Zuma‑Sambudla was accused of promoting factional narratives through her public commentary and social media posts.
Following a media briefing on Sunday, Ndhlela sought a legal opinion on the validity of his expulsion.
Legal opinion
The opinion concluded that the party’s leadership had bypassed its own constitution by announcing his dismissal without a hearing before the National Disciplinary Committee (NDC).
“Mr Nhlamulo Ndhlela cannot lawfully be dismissed or expelled without a disciplinary hearing,” it stated, adding that the Secretary‑General “acted as complainant, investigator, prosecutor, and judge, violating the constitutional separation of functions.”
President’s power
At the heart of the dispute is the leadership’s reliance on Section 7(2)(h), which grants the president power to issue decrees on party administration.
The opinion is unequivocal: “Section 7(2)(h) does not authorise dismissal or expulsion.” It stressed that disciplinary matters are governed by Sections 4 and 6, which prescribe mandatory steps including a formal complaint, referral to the National Prosecutor, notice to the accused, and a hearing before the NDC.
“The specific overrides the general,” the opinion explained, warning that using Section 7(2)(h) to expel members would render the disciplinary code meaningless.”
Expulsion
The analysis also dismantled the National Officials’ public statement declaring Ndhlela expelled “with immediate effect.”
It noted: “A press statement is not a disciplinary ruling and has no legal force under the Constitution.” Without a complaint, hearing, evidence, or recommendation from the NDC, the expulsion is “impossible.”
‘Natural justice’
Beyond constitutional defects, the opinion invoked principles of natural justice.
“Dismissal without a hearing violates audi alteram partem – the right to be heard – and nemo iudex in sua causa – no one may be a judge in their own cause.”
Its conclusion is stark: “Any dismissal or expulsion without an NDC hearing is unlawful and susceptible to immediate challenge.”
Withdrawal
The recommendation urged the MK Party to withdraw the expulsion, restart the process in strict compliance with Section 6, and avoid further reputational harm.
Failure to do so, it warned, exposes the party to “internal constitutional challenges, legal action in court, reputational harm, and claims of procedural unfairness and political victimisation.”
At its core, the opinion delivers a blunt message: the MK Party cannot sidestep its own constitution to silence dissent.