KZN legislature declares NFP seat vacant after High Court ruling

The KwaZulu‑Natal Legislature has declared the National Freedom Party’s (NFP) provincial seat vacant after a Pietermaritzburg High Court judgment, clearing the way for the next candidate on the party’s reviewed list to be sworn in.

What the court ruling means

The Speaker of the KwaZulu‑Natal Legislature, Nontembeko Boyce, confirmed she had acted in compliance with the court order and formally declared the NFP’s seat vacant. She said the legislature will facilitate the swearing‑in of the next candidate on the party’s reviewed candidate list.

Boyce named September 22 or September 23 as available dates for the swearing‑in, to be held at Osizweni Community Hall in Newcastle Local Municipality where the legislature is running its “Taking the Legislature to the People” programme. She said the legislature would cover the accommodation and transport costs of the candidate attending the swearing‑in.

Mbali Shinga: respect for judgment, exploring appeal

The ruling affects Cynthia Mbali Shinga, the NFP’s KwaZulu‑Natal chairperson and leader in the provincial legislature. Shinga said she respected the judgment but had been advised that legal remedies remained available.

“She has accordingly instructed her legal team to consider the judgment in its entirety and explore the option of an appeal within the applicable legal timeframe,”

said Shinga’s spokesperson, Mlondolozi Shezi. Shinga also called on NFP members and supporters to remain calm and said the judgment must not be used to fuel internal divisions or public attacks.

An urgent meeting with Shinga’s legal team was scheduled to consider the judgment, its implications and the appropriate legal way forward. Her spokesperson said any decision arising from that consultation would be communicated through the appropriate channels.

Long‑running dispute between Shinga and the NFP

The ruling is the latest development in a long‑running dispute between Shinga and the NFP over her membership and her position in the provincial legislature. The source reports that Shinga was expelled from the party after an internal disciplinary process and challenged her removal in court.

The dispute escalated when the NFP sought to replace her as its representative in the legislature, with party president Ivan Barnes identified as the person the party sought to deploy in her place. Shinga had previously obtained court relief preventing the implementation of her removal while the internal appeal process was dealt with. The NFP later terminated her membership again, saying she had failed to pursue the available appeal process, and then moved to have her removed from the legislature.

Party reaction

The NFP welcomed the High Court ruling and the declaration of the legislative seat as vacant. Acting provincial secretary Zithembe Ngobese said the judgment was an affirmation of the rule of law.

“We shall confirm that Miss Shinga remains expelled as the KZN Provincial Chairperson and as the Member Of the Executive Council/MEC for the Department of Social Development,”

the party said, and it welcomed the Speaker’s decision to facilitate the swearing‑in of the next candidate on its reviewed list. The party added that its political programme in KwaZulu‑Natal remains in force, with structures preparing to contest the upcoming local government elections.

What comes next

The legislature will proceed with arrangements to swear in the next candidate from the NFP’s reviewed list on either September 22 or September 23 at Osizweni Community Hall in Newcastle, and any further legal action by Shinga will be considered following her meeting with her legal team.