Mbali Shinga will take her legal fight to the Supreme Court of Appeal after Pietermaritzburg setback

KwaZulu‑Natal MEC Mbali Shinga to pursue appeal after High Court refuses leave

KwaZulu‑Natal Social Development MEC Mbali Shinga has instructed her lawyers to approach the Supreme Court of Appeal after the Pietermaritzburg High Court dismissed her application for leave to appeal on 19 October. The High Court’s earlier ruling on 15 September cleared the way for her removal from the provincial legislature.

What the court rulings said and the immediate consequence

The legal dispute centres on Ms Shinga’s expulsion from the National Freedom Party (NFP) following the party’s internal disciplinary processes and an internal appeal. On 15 September the Pietermaritzburg High Court ruled in the NFP’s favour, finding that the interim relief protecting Shinga’s position had lapsed. The court directed provincial legislature Speaker Nontembeko Boyce to take the necessary steps to declare the party’s seat vacant and to facilitate the swearing‑in of the next candidate on the party’s revised list, NFP president Ivan Barnes.

Ms Shinga sought leave to appeal that decision. On 19 October the High Court dismissed her application for leave to appeal, removing that particular legal obstacle to implementing the earlier order.

Shinga’s response and legal next steps

Following the dismissal, Ms Shinga said she had instructed her legal team to pursue an appeal to the Supreme Court of Appeal. In a statement to the media she confirmed the instruction to her lawyers, naming her legal representatives.

“I have instructed my legal representatives, Sthembiso Mbhele and Associates, to take the necessary steps to approach the Supreme Court of Appeal to pursue an appeal against the judgment,” she said.

Ms Shinga also said her legal team was awaiting the written judgment to determine the next procedural steps.

Determination to continue the legal fight

Despite the setback in the High Court, Ms Shinga made clear she intends to exhaust the available judicial avenues. She framed the decision to appeal as part of ongoing litigation rather than an end to the matter.

“I wish to make it clear that this matter has not reached its finality, and it is certainly not the end of the road,” she said.

She also stated her continued confidence in the justice system and the processes ahead.

“I wish to reaffirm that we have full confidence in the South African justice system, the rule of law and the judicial processes available to us. We remain resolute in our position and will pursue the matter through the appropriate legal channels,” she said.

Supporters and public messages

Ms Shinga thanked those who have supported her through the legal proceedings, acknowledging messages and calls of encouragement.

“Your calls, messages and unwavering support during this period have not gone unnoticed. I am deeply humbled by the confidence and encouragement you continue to demonstrate,” she said.

How an appeal to the Supreme Court of Appeal fits into the process

Pursuing an appeal to a higher court is the common next step when a party seeks to challenge a lower court’s ruling. The decision to take a matter to the Supreme Court of Appeal typically follows the exhaustion or refusal of leave to appeal at the High Court. After filing, the appeal process normally involves written submissions and may include oral argument before a panel of judges. The written judgment from the High Court will guide Ms Shinga’s lawyers as they prepare any grounds of appeal.

Legal appeals are procedural and can take time. Parties commonly await formal written reasons from the trial court before finalising the precise grounds and strategy for the next court application.

Why the outcome matters locally

The outcome of this legal dispute has direct consequences for representation in the KwaZulu‑Natal Legislature. The September court order required the Speaker to declare the seat vacant and to facilitate the swearing‑in of the next person on the NFP’s revised list. If implemented, that process would change who occupies the party’s sole seat in the legislature. Ms Shinga’s stated intention to appeal means the legal picture remains unsettled until the higher court rules.

Where things stand now

• The Pietermaritzburg High Court ruled on 15 September that the interim relief protecting Ms Shinga’s position had lapsed.
• The court ordered the provincial legislature to take steps to declare the NFP seat vacant and to facilitate the swearing‑in of NFP president Ivan Barnes.
• Ms Shinga’s application for leave to appeal was dismissed by the High Court on 19 October.
• Ms Shinga has instructed Sthembiso Mbhele and Associates to approach the Supreme Court of Appeal; her legal team is awaiting the written judgment to decide procedural next steps.

The situation remains legally active. Ms Shinga has said she will continue to challenge the rulings through the courts and has expressed confidence in the judicial process as she pursues the matter further.