African National Congress MP Dr Makhosi Khoza said on Friday the disciplinary hearing about her conduct was a nullity‚ because the ANC leadership in the province was not lawfully elected.

Khoza was charged by the ANC’s KwaZulu-Natal executive committee in July of two counts of alleged ill-discipline and misconduct.

This was for comments she made about the party on her personal Facebook page‚ and remarks she made at an event in Johannesburg where she publicly called for President Jacob Zuma to step down.

The disciplinary hearing is set for Sunday.

Last month‚ Khoza initially challenged the province’s jurisdiction to deal with her alleged misconduct‚ on the grounds that the alleged comments and remarks did not occur in the province.

Now she is challenging the authority of the province’s executive committee.

In a letter addressed to ANC KZN chief provincial presenter Ravi Pillay‚ Khoza said the high court in Pietermaritzburg on Tuesday declared that the KwaZulu-Natal ANC’s provincial elective conference‚ held at Pietermaritzburg from 6 to 8 November 2015‚ and decisions taken at that conference were unlawful and invalid.

“It follows by operation of law that the members of the KZN provincial executive committee elected at that provincial elective conference have‚ as a result‚ not been lawfully elected‚ and that PEC is a nullity‚ with no powers at all‚” Khoza wrote.

The letter was copied to ANC secretary general Gwede Mantashe‚ ANC chief whip Jackson Mthembu and speaker of the National Assembly Baleka Mbete.

Khoza said any decisions and steps taken by that provincial executive committee were similarly unlawful and invalid‚ and had no force and effect.

“For that reason alone‚ apart from the other material flaws in the disciplinary process initiated against me‚ the rescheduled disciplinary hearing is a nullity and cannot be proceeded with. Any conduct to the contrary will‚ at the very least‚ be in constructive contempt of the judgment and unlawful‚” Khoza said.

She said any potential disciplinary steps to be taken could be decided only upon by a newly elected provincial executive committee‚ after a constitutionally compliant provincial elective conference had taken place and new provincial office bearers had been elected.

“Accordingly it is clear that the invalid disciplinary hearing against me cannot be proceeded with‚ and that my attendance at such void process is unnecessary.”