A defiant Mary Phadi torched a copy of the uMkhonto weSizwe Party (MKP) constitution on Tuesday, moments after the Mbombela High Court ruled she is no longer a member of the party or a legitimate member of the Mpumalanga Provincial Legislature.

Speaking to her supporters outside court, Phadi condemned the constitution as biased and claimed it no longer represented the true values of the party.

“Comrades, today I will burn this constitution because it has eyes,” she said before setting it alight onstage. “The right constitution of uMkhonto weSizwe will come out. This one from Mayibuye iAfrika – I will burn it now.”

The dramatic gesture came after Acting Judge Herman Fourie upheld the MK Party’s counter-application, ruling that Phadi’s membership had been lawfully terminated following her defiance of party structures, verbal attacks on officials, and efforts to organise parallel events.

The court ordered her immediate removal from the legislature and ordered her to pay legal costs on a punitive scale.

Advocate Busisiwe Mkhwebane,, uMkhonto weSizwe Party (MKP) convenor in Mpumalanga described the dismissal of  Phadi’s appeal as a form of discipline.

“I’m so elated, finally… finally the matter has been resolved,” Mkhwebane said outside the Mbombela High Court on Tuesday.

“The court has pronounced on it based on the facts before it and the legal principle. You know, our Constitution is very clear and it was properly interpreted. So we stayed on the issue of the membership, and the membership was canceled – and that was the discipline.”

Mary Phadi burning the Constitution of MK Party after she lost her appeal in Court today 🤣🤣🤣🤣🤣🙌🏾🙌🏾🙌🏾🙌🏾 pic.twitter.com/6DlxnbVl73

— Msunu ka Johann Rupert (@ZizinjaAbelungu) July 8, 2025

The Mbombela High Court declared that Phadi is no longer a member of the MKP or a lawful member of the Mpumalanga Provincial Legislature. 

The ruling follows a counter-application brought by Jacob Zuma’s MK Party.

Acting Judge Herman Fourie ruled that Phadi’s membership was validly terminated in accordance with the party’s constitution after she defied party structures, insulted officials, and organised parallel rallies.

“It is declared that in terms of the MK Party constitution, the applicant is not and/or is no longer a member of the MK Party,” Fourie said. 

“It is declared that in terms of the Constitution of the Republic of South Africa, the applicant is not and/or no longer a duly mandated member of the Mpumalanga Provincial Legislature.”

The court also ordered the second respondent to take immediate steps to remove Phadi from the legislature, citing Section 106(3)(c) of the Constitution, which stipulates that a member loses their seat if they cease to be a member of the nominating party.

Phadi was ordered to pay the legal costs for both her contempt of court application and the MKP’s counter-application on a punitive scale.

The ruling cleared the path for Mkhwebane to formally assume the roles Phadi once held, including leader of the MKP in the provincial legislature and provincial convenor.

Phadi was expelled in October last year for allegedly violating the MK Party’s constitution and misusing party funds.

Although the court reinstated her in December through a default judgment, the MK Party later challenged the ruling, arguing she was no longer a member but allowed to continue activities out of respect for the court.

Phadi, who addressed her supporters outside the court, criticised the party’s constitution, which was drafted by former MKP secretary-general Floyd Shivambu – now leading the Mayibuye consultative movement.

“At the back of the constitution, if you haven’t seen it, it is written ‘Afrika Mayibuye,’” Phadi said. 

“We are being led by the constitution of Mayibuye iAfrika, so comrades, today I will burn this constitution because it has eyes.”

Phadi then set fire to a copy of the MKP constitution onstage.

“I am burning this biased one,” she said. 

“The right constitution of uMkhonto weSizwe will come out. This one from Mayibuye iAfrika – I will burn it now. Then when the right constitution comes, it will find me sitting at home.”

The MKP welcomed the ruling as a victory.

“Ms Phadi even failed to prove her membership in the MK Party when legally challenged to do so,” said party spokesperson Nhlamulo Ndhlele. 

“She is now back to being an ordinary South African, with no links to the MK Party.”

Ndhlele said the court’s decision reaffirms the party’s move to appoint Mkhwebane as provincial convenor, a position announced by Zuma on October 25, 2024.

“This decision will bring much-needed stability within the party ahead of the 2026 local government elections,” Ndhlele said. 

“President Zuma and the MK Party call on all genuine MK Party members to respect the non-negotiable principle of democratic centralism by respecting the decisions of the upper structures. The task ahead requires maximum discipline.”

simon.majadibodu@iol.co.za

IOL Politics

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