Parliament has rejected former uMkhonto weSizwe (MK) Party spokesperson Nhlamulo Ndhlela’s request to suspend the termination of his National Assembly membership, saying his loss of office took effect automatically under the constitution once the party expelled him.
In a letter seen by Africa Daily, addressed to Ndhlela, Secretary to the National Assembly Masibulele Xaso said Parliament was legally obliged to recognise the MK Party’s notification of his expulsion and could not intervene in the party’s internal disputes unless directed otherwise by a court.
Ndhlela had requested that Parliament withdraw the Speaker’s notification of 10 July 2026 informing him that he had lost his seat, pending his legal challenge against his expulsion from the MK Party.
However, Xaso said the constitution was clear that a member of the National Assembly automatically forfeits their seat if they cease to be a member of the political party that nominated them.
“Section 47(3)(c) of the Constitution specifies that a member loses his parliamentary seat if he is no longer a member of the political party that nominated him to the Assembly. Consequently, this loss of membership occurs by operation of the law. The decision does not vest with the Speaker,” Xaso wrote.
He further stated that Parliament’s records reflected the MK Party’s official communication advising of Ndhlela’s expulsion and that the administration of Parliament was required to act on that notification.
“Your MKP membership challenge is an internal matter for the party to resolve, or a court of law to adjudicate. The Speaker does not become involved in internal matters of political parties represented in the Assembly,” the letter states.
Xaso reiterated that Parliament was duty-bound to implement the party’s notification unless a court ordered otherwise.
“I therefore reiterate that by operation of law, unless a court decides otherwise, Parliament is duty bound to give effect to the official communication from the Party (MKP),” he wrote.
The latest development follows the MK Party’s decision earlier in June to expel Ndhlela from the organisation, a move that also resulted in the automatic loss of his parliamentary seat in terms of the Constitution.
However, Ndhlela is challenging his expulsion and had argued that Parliament should suspend the implementation of the decision until the legal process had been concluded.
