NFP and expelled MEC Mbali Shinga head to court as party moves to replace her in KZN cabinet

Mbali Shinga, the National Freedom Party’s now-expelled member and the sole NFP Member of the Executive Council in the KwaZulu-Natal Legislature, is preparing to take her challenge over expulsion to the courts as the party moves to replace her in the provincial cabinet, according to IOL (Independent Online).

Dispute over internal appeal process

According to IOL (Independent Online), Shinga says her appeal was improperly handled and argues that the party’s National General Council not the National Working Committee should have heard her appeal. The NFP has rejected that argument and, in a letter from the party’s lawyers to Shinga, warned it will oppose any legal bid by her to overturn the expulsion following her failed appeal to the National Working Committee, IOL reports.

Party constitution cited

IOL (Independent Online) reports the NFP’s legal response cited the party constitution, saying:

“Members who hold office at district, provincial and national levels shall be brought before the District Tribunal constituted by the National Executive Committee. They may only appeal to the National Executive Committee.”

Court action and possible interdict

IOL (Independent Online) states Shinga has vowed to pursue her legal challenge and is preparing to approach the courts this week. The party has formally written to the provincial legislature advising that party president Ivan Barnes will replace Shinga as MEC for Social Development, IOL reports.

According to IOL (Independent Online), should Shinga obtain an interdict preventing the party from effecting the change pending her legal challenge, she would remain in office as MEC.

History of the conflict

IOL (Independent Online) says this will be the second legal confrontation between Shinga and the NFP after she previously and successfully challenged her expulsion from the party earlier this year. The dispute began, IOL reports, when Shinga defied an instruction to support an MK Party motion of no confidence against KwaZulu-Natal Premier Thami Ntuli in December last year.

Since then, IOL (Independent Online) reports, the party repeatedly attempted to remove her and Shinga has continued to defy party instructions to resign despite twice losing internal appeals against her expulsion. She maintains that only the premier and not the party has the authority to remove her as MEC, IOL reports.

Political balance in the provincial legislature

IOL (Independent Online) notes the NFP holds a single seat in the 80-seat KwaZulu-Natal Legislature but has occupied a pivotal kingmaker role. The article states the governing coalition of the IFP, ANC and DA holds 40 seats while the opposition bloc of the MK Party, EFF and NFP also commands 40 seats.

IOL (Independent Online) also reports that the NFP later withdrew from the Government of Provincial Unity (GPU) and now sits on the opposition benches.