Expelled MKP parliamentarians want court to freeze party and Zuma bank accounts

Ten former MK Party MPs have launched an urgent court application to attach the party's bank accounts and that of its leader Jacob Zuma.

They want the Johannesburg high court to freeze the accounts pending a damages claim they intend to institute after their memberships were terminated. 

They are Thamsanqa Kuzwayo, Isaac Menyatso, Citron Motshegoe, Augastina Qwetha, Nomado Mgwebi, Ntombenhle Mkhize, Sydwel Masilela, Frans Mfika, Senzo Dlamini and Agnes Mogotsi. They were expelled from the party in August – two months after being sworn in as MPs. The respondents are the party, Zuma, Standard Bank, Capitec Bank, Banking Association SA, First Rand, Absa and Nedbank.

The group said its application aims to prevent the party and Zuma from "disposing" of funds before the civil proceeding concludes.  

In his affidavit, Kuzwayo said the intended legal proceedings were the only recourse available to claim compensation for the termination of the memberships.  

"The applicants campaigned for the MK party [before elections] and persuaded the public to make significant financial contributions to the party on assurances that the party was democratic, and the funds would be administered to pursue policy that progress the country. We did not campaign for the funds to [be] used at the sole discretion of Zuma," he said.  

Kuzwayo said they were breadwinners and earned R102,000 every month when they were MPS, and some had dependents which include minors and spouses.   

He claimed that of that amount, many of them made payments of R10,000 each to Zuma's private Capitec bank account "as a sign of loyalty and on the basis that he would use the funds to run the party democratically in a manner consistent with the interim constitution".

"Unfortunately, the funds paid to the MK party by members of the public including ourselves to the MK party bank account and Zuma's personal bank account have been used in a manner inconsistent with the purpose that the public and ourselves were informed before payments were made.

"It follows that the applicants and any affected member of the public have a right to claim against the cited accounts and any other account that the [respondents] use to receive funds from the public."

Kuzwayo said they had to resign from their jobs after they were sworn in as MPs and became full-time politicians.

"We were assured that we would only lose our seats in parliament and membership of the party after due process provided for by the party interim constitution which provided for democratic values and the constitution of SA," he said.

"As a result of Zuma's decisions, the applicants and our dependents have been left destitute. Had it not been for Zuma's unilateral decisions that have negatively affected us, we would not be in financial ruin."

Kuzwayo said they have been left with no alternative but to claim for compensation from the MK party and Zuma bank accounts.

"Without an order sought the applicants' rights to claim for compensation would be irreparably harmed.

"If the relief is not granted the applicants would likely be defrauded and denied an opportunity to claim damages caused by the first and second respondents conduct."

In September, the Western Cape High Court dismissed the group's application to be reinstated.

At the time, they argued they had not received any formal expulsion letters and have not signed any resignation letters, and if such document exists then it may have been forged.

MKP spokesperson Nhlamulo Ndhlela said he'd comment once he has read the court papers.

SowetanLIVE