IT’S an open legal war between former Judge President of the Western Cape division, John Hlophe, who is also the current deputy president of the uMkhonto weSizwe Party (MKP), amid claims of sexual harassment lodged by Mary Phadi, the former convener of the MKP in Mpumalanga province.

Hlophe has hit back, with his legal team announcing that it intended to sue Phadi if she does not retract her “malicious and defamatory” statements.

In a letter by JG and Xulu Incorporated dated January 28, Hlophe’s legal team said: “It is common cause that you are facing disciplinary action and suspension by the uMkhonto weSizwe Party (MKP) on the basis of allegations of inter alia the misappropriation of public funds, bringing the MKP into disrepute and disregard of orders from the national leadership of the MKP.”

The MKP is led by former president Jacob Zuma, who was expelled from the ANC last year for endorsing and campaigning the MKP, which won 45% of the votes in KwaZulu-Natal and 14% nationally.

The letter added: “In terms of the MKP’s Constitution as adopted on 26 September 2024, our client in his capacity as deputy president of the MKP is the national head of the parliamentary caucus, legal affairs and is further responsible for the governance of the within said structures, and accordingly the serious allegation levelled against you (Phadi), fall squarely within our client’s responsibility as the deputy president (MKP).”

Hlophe’s lawyers said Phadi's allegations were “false, misleading and damaging to our client’s reputation. This conduct constitutes defamation, under South African law and has caused significant harm to our client’s personal and professional standing”.

Phadi has called for the immediate suspension of Hlophe.

In a letter circulating on social media, Phadi accused Hlophe of making unwanted sexual advances, which she claims occurred after a leadership meeting in Mbombela on August 4 2024.

“As a woman, I am being vilified and victimised since I refuse[d] to give in to his attempts of spending the night with him ... My refusal and unresponsiveness was the diplomatic drive to manage the situation,” the letter read.

In an interview with Newzroom Afrika, Phadi said she was prepared to take the matter to court to prove her case.

“I think it would assist a lot of women with the attacks they are already facing to say, 'Why were you quiet? Why didn't you report it on time?' People always put you on a time frame for something that is not funny — this is not funny,” she said.

“Women need to be able to speak out, and leaders of any organisation must be able to say, 'Hold on, why are we here?'

She added: “He (Hlophe) must be suspended with immediate effect. The [same] way he wanted me to be suspended [over] allegations that do not exist, he needs to be suspended with immediate effect.”

Phadi said she doesn't need to convince anyone of the truth as the evidence speaks for itself, adding she has messages that prove her allegations.

“I don't have to prove anything because it is personal. The messages he sent to me would be able to prove that. If you read the messages, you'd be able to tell that I had denied him the opportunity to meet with me.

“I couldn't write to the president earlier because everything happened so fast. Right now, I don't have to say it myself, but the messages can prove that.”

Phadi was removed as the MKP in October 2024 due to alleged misappropriation of party funds and her membership was terminated by party secretary-general Floyd Shivambu

“The MK Party must be saying, 'Here are the leaders they want in the party, here is the woman who will be able to build our country. This is the woman who will be able to stand up and say no to the things that are happening to other women,'” she said.

“If the MK Party thinks I'm here because of positions, they must think again. I'm here because I was after a president (Zuma), who I supported when it was not fashionable — the president who has been implementing the policies of the ANC to the tee.”

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