How MK manoeuvred its Parly list to get Hlophe in

The MK Party instructed more than 100 members to withdraw from its reserve list of parliamentary candidates to lawfully replace them with 21 new people, including impeached judge John Hlophe, who looks set to be SA’s leader of the opposition in the National Assembly.

This is how Jacob Zuma’s party manoeuvred its way to make last-minute changes to its parliamentary list, which was already gazetted by Chief Justice Raymond Zondo two weeks ago, an insider close to the process confirmed.

The law states that the list may not be changed for at least 12 months after being gazetted, unless a member resigns, allowing the party to supplement it with new names.

The party announced at the weekend that Hlophe would be its leader on the opposition benches. His swearing-in on Tuesday comes just months after parliament voted to impeach him.

The Judicial Service Commission (JSC) in 2021 found Hlophe guilty of gross misconduct.

“What the MK Party did in this instance is to remove all their [member from the] reserve list (with more than 120 members), and replace them with these 21 and supplemented the list because once you remove all of them... How you do it is that you get all of them to write or say that they are not available or interested in taking up the position anymore... and then all of them are not available, which means that the party does not have a reserve list,” said the insider.

“The law says that if you do not have a reserve list or the reserve list is depleted, then you must supplement it and you are allowed to supplement it once within 12 months after the elections. That is exactly what they [MK Party] did, they eliminated those people and they then supplemented it with 21...”

MK Party national spokesperson Nhlamulo Ndhlela said they did not have a reserve or supplementary list, before cutting the call, saying he had another interview.

He rejected calls subsequent to questions sent via text.

Parliament spokesperson Moloto Mothapo on Sunday confirmed that Hlophe would be sworn in on Tuesday.

He said political parties decide on the how to position members on the list as long as this was in accordance with the provisions of the Electoral Act.

“As long as the supplementations are in line with the Electoral Act, parliament does not get involved in who takes whatever spot in the party list,” said Mothapo.

“Parliament cannot insist or determine where individuals or elected members are positioned on the party list. The Electoral Act is there to say that whatever changes or supplementation you are making on the list, this is the conditions and the mechanism that the law provides that it must be done with such provisions of the law," Mothapo said.

He said the act provides for parties to take somebody from outside and put them as number one. 

MK MP candidates were a no-show in parliament two weeks ago when all others were sworn in and President Cyril Ramaphosa was elected.

The party insists the May 29 election was rigged, but it has so far failed to substantiate its claims.

For this reason, they chose to boycott the National Assembly but participated in provincial legislatures.

At the weekend, Hlophe told delegates at the launch of the African Legal Professionals Association in Durban that he had persuaded MK Party leader Jacob Zuma to allow his MPs to be elected.

“I came here to see uBaba in Nkandla because the MK is not in parliament. I told him, ‘Baba; let’s go to parliament.’ I’ve seen him and I am happy to say on Tuesday, all 58 of us are going to be sworn in and I will lead the opposition,” Hlophe said.

The JSC in August 2021 found Hlophe guilty of gross misconduct over a 2008 complaint. All the then justices of the Constitutional Court said he had sought to influence the outcome of cases pending before the highest court connected to corruption charges against Zuma.

MK is the third largest party in the country with 14.58%.

Hlophe’s swearing-in as leader of MK potentially means he will be the leader of the official opposition, should the Government of National Unity (GNU), which includes the DA, remain intact.

As the nation awaits Ramaphosa to appoint his cabinet, it emerged on Sunday that negotiations between the ANC and the DA were precarious and yet to be finalised.

Sowetan’s sister publication Sunday Times reported that the DA wants its leader John Steenhuisen to be the deputy president as well as to be allocated 10 cabinet positions.

Meanwhile, asked how many cabinet positions his party wanted, Velenkosini Hlabisa, leader of the IFP, the third biggest party in the GNU, said: “Now the ball is in the court of the president to announce the cabinet. He has all the information and expertise available in the National Assembly.”