12/09/2017 12:28 SAST | Updated 12/09/2017 12:28 SAST

Makhosi Khoza: The ANC Can't Charge Me Now

"Logic" suggests that if the ANC in KZN has been declared an unlawful structure, it can’t discipline her.

Photo by Gallo Images / Sunday Times / Ruvan Boshoff
Sunday Times via Getty Images
Photo by Gallo Images / Sunday Times / Ruvan Boshoff

Embattled ANC MP Makhosi Khoza believes that the ANC in KwaZulu-Natal can no longer pursue disciplinary charges against her after its 2015 election was declared unlawful.

"I welcome this judgement but I still have to sit down to apply my mind together with my legal team. We haven't sat down yet, but I've always argued that that structure was illegitimate," Khoza said.

"Right from the beginning, I kept on saying that they [the ANC in KZN] have not sorted out their legitimacy. And I think they ought to have applied their minds before they could rush into charging me."

On Tuesday, Pietermaritzburg High Court judge Jerome Nguni handed down the judgement, saying that the outcome of the eighth KZN provincial elective conference held in November 2015 was unlawful and void. The case was brought by ANC councillor Lawrence Dube in May last year following the elections that saw former premier Senzo Mchunu being replaced by Sihle Zikalala. Citing procedural flaws, they believe the election was rigged.

"Now they have been declared unlawful, my lawyers will have to advise me. But logic suggests that if you are an unlawful structure, you can't discipline anybody. You have no authority to enforce the constitution," Khoza said.

"I don't know what they are going to do, but obviously even if they appeal, I really don't see how they are going to continue because they will have to be cleared before they pursue me."

Khoza was charged by the ANC in KZN for bringing the party into disrepute and ill-discipline after her numerous calls for president Jacob Zuma to step down.