Expelled NFP member Mbali Shinga has been axed from her position as KZN Social Development MEC.
Image: KZN Social Development department / Facebook
KwaZulu-Natal Legislature Speaker Nontembe Boyce officially informed the house on Thursday that Mbali Shinga is no longer a member of the provincial legislature (MPL), following her expulsion from the National Freedom Party.
In addition to Boyce’s announcement, Premier Thami Ntuli's office also said Shinga is no longer a member of the provincial cabinet, essentially firing her as the MEC for Social Development in the multi-party Government of Provincial Unity.
This was despite Shinga’s spokesperson Innocent Shezi, who claimed to be the NFP caucus manager at the Legislature, saying at the Pietermaritzburg High Court this week that Shinga is still a MEC and continues to do her work.
Shinga, whom Shezi said would soon challenge her expulsion, was in court on Wednesday to attend her urgent application matter to interdict Boyce from swearing-in another NFP leader as her replacement.
NFP president Ivan Barnes, who together with Boyce, is cited as the respondent, was also in court accompanied by his supporters. Barnes is expected to replace Shinga in the Legislature.
Boyce told the full sitting of the house in Pietermaritzburg that she was guided by Section 106(3)(c) in removing Shinga as an MPL, leaving the NFP seat vacant until a new party member is sworn-in.
Boyce said that Section 106(3)(c) reads: “A person loses membership of a provincial Legislature if that person— (c) ceases to be a member of the party that nominated that person as a member of the Legislature.”
“The effect of section 106(3)(c) is that a member of the Legislature who serves in this office does so by virtue of a party list, and her membership in the Legislature terminates when her party membership is terminated and the Speaker is notified of this.
“The termination of Legislature membership takes effect immediately by operation of law, not at the behest of the Speaker. Whilst there is a court challenge, we have not received an interdict,” said Boyce.
Ntuli’s spokesperson Lindani Mbatha said Shinga could now be referred to as a former MEC as she is no longer an MPL.
“You must follow what the Speaker has said,” he said.
In a video clip from the Legislature on Tuesday, Boyce said she had received correspondence from the NFP's Secretary-General Sunset Xaba about the expulsion of Shinga.
“In terms of the law, when you are expelled from your party, you also cease to be a member (MPL) and we had to inform her that ‘you are now expelled from your party, therefore you are no longer a member” said Boyce in the video clip.
Boyce said she wrote to Shinga that her intention to go to court did not affect the Legislature, which has to comply with the law.
She said she is currently communicating with Xaba in preparation for the swearing in of a new NFP member.
She said her office has received two candidate lists from the NFP: one that the Electoral Commission of South Africa (IEC) approved after the 2024 general elections, and another that the party submitted to her earlier this week.
Shinga filed the urgent application to interdict Boyce amidst concern she would be removed as an MPL.