MKP considers legal options over chaotic KZN Legislature vote

The uMkhonto weSizwe Party (MKP) is considering legal action against what it termed the ‘illegal processes’ followed by KwaZulu-Natal Legislature Speaker Nontembeko Boyce, during the motion of no confidence against Premier Thamsanqa Ntuli, on Monday.

The MKP, supported by the Economic Freedom Fighters (EFF), tabled a motion against Ntuli and demanded a secret ballot, but the Speaker ruled that the vote had to be public. 

Following Boyce’s decision, the majority of members of the Legislature voted against the ballot and this resulted in Ntuli securing victory which resulted in chaos.

MKP and EFF members shouted, sang and banged on tables with their hands. Police officers were called in, and what appeared to be a water bottle was thrown in the direction of Boyce.

Bonginkosi Mngadi, MK Party’s KZN Chief Whip, claimed that Boyce violated rules, which warrant pursuing legal action.

Mngadi said that the party’s national leadership will give them direction on whatever legal mechanisms they need to take.

Mngadi said that a water bottle that hit Boyce was thrown at the police.

"The situation was abnormal. If you throw a bottle at the police and it slips, then obviously, it was not the intention to do that.”

The MKP and EFF’s conduct received sharp criticism from various political parties.

Mkhuleko Hlengwa, the IFP's national spokesperson, said that the violent, aggressive, and intimidatory behaviour displayed by the MKP was “unacceptable” in a democratic legislature and represents a direct assault on the principles of constitutional democracy, accountability, and respect for institutions of governance.

Francois Rodgers, the DA's KZN Leader, said “these barbaric acts did not end only by gestures and screams, but the Speaker of the Legislature had what seemed to be a water bottle thrown at her.” 

He added that the DA, through its chief whip, will explore options to lay criminal charges, and both the Speaker and the Legislature secretary were assaulted when the house was adjourned.

The ANC KZN said an attack on the Speaker was an attack on the authority, dignity and independence of the Legislature itself.

"The ANC strongly encourages the Speaker to open a criminal case of assault against the individual concerned. This incident cannot be trivialised or normalised, especially in a country grappling with an alarming crisis of gender-based violence,” the ANC stated.

The EFF KZN leadership did not respond to a request for comment while Boyce’s spokesperson Aphelele Ntumbu had not responded to a request for comment at the time of publication.

Premier Thami Ntuli said there was nothing new in what unfolded at the Legislature on Monday and described the MKP faction and the EFF as "simply creating chaos."

In spite of the disruptions, the proceedings were completed. Ntuli further warned that there would be consequences for the chaos that erupted and resulted in some members being injured.

“When we talk about gender-based violence, we saw it in the Legislature when the Speaker was physically attacked on her way to exit the House. People preach about gender-based violence, yet commit it in broad daylight in the Legislature, in front of everyone. There must be consequences, and rest assured, there will be,” he added.

The EFF's Mongezi Twala said the party did not welcome the Legislature’s ruling, alleging that Speaker Nontembeko Boyce had used her powers inappropriately.

“It is increasingly the case that people in power use democracy to their advantage, which means the situation in KwaZulu-Natal is far from changing, because what we are fighting for is a better life for the people,” said Twala.

Aphelele Ntumbu, Boyce’s spokesperson, stated that the Speaker has, in the course of the ruling, acknowledged that there is a constitutional doctrine of separation of powers which enables those not satisfied with decisions of the House to seek, for one reason or another, a right to refer them to the courts and seek justice. 

“That is their constitutional right, but what is unconstitutional is when Members who are dissatisfied resort to violence and intimidation. Such actions stand wholly against the spirit of the constitution and what is expected from leaders. It smacks of intolerance of dissenting views and is a dangerous characteristic not likened with democrats,” Ntumbu said.

He added that the Speaker has a list of avenues available to her, and after proper consultation, she will choose the one to follow.

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