Legal opinion finds MK Party expulsion of Nhlamulo Ndhlela unlawful and procedurally flawed

A legal opinion has criticised the MK Party’s decision to expel national spokesperson Nhlamulo Ndhlela, describing the move as “unconstitutional, procedurally invalid and unenforceable,” according to The Citizen.

Key legal findings

According to The Citizen, the opinion states: “Mr Nhlamulo Ndhlela cannot lawfully be dismissed or expelled without a disciplinary hearing,” and adds that the Secretary‑General “acted as complainant, investigator, prosecutor and judge, violating the constitutional separation of functions.”

Which rules were overlooked?

The opinion, as reported by The Citizen, says the leadership relied on Section 7(2)(h) a provision granting the president power to issue decrees on party administration but concludes that “Section 7(2)(h) does not authorise dismissal or expulsion.”

The legal analysis emphasises that disciplinary matters fall under Sections 4 and 6, which it says require a formal complaint, referral to the National Prosecutor, notice to the accused and a hearing before the National Disciplinary Committee (NDC).

Press statement versus disciplinary ruling

The opinion also challenged the party’s public announcement that Ndhlela was expelled “with immediate effect,” noting that “A press statement is not a disciplinary ruling and has no legal force under the constitution.” The Citizen reports the analysis warned that without a complaint, hearing, evidence or an NDC recommendation, the expulsion is “impossible.”

Natural justice and recommended remedy

Invoking principles of natural justice, the opinion states: “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 final recommendation, reported by The Citizen, is that the MK Party should withdraw the expulsion and restart the process in strict compliance with Section 6. The opinion warns that failure to do so could expose the party to “internal constitutional challenges, legal action in court, reputational harm and claims of procedural unfairness and political victimisation.”

What was Ndhlela accused of?

The Citizen reports that Ndhlela was charged with addressing media briefings without approval and misrepresenting party positions. It also reports that Duduzile Zuma‑Sambudla was expelled at the same time after party officials accused her of promoting factional narratives through public commentary and social media posts.