NFP president Ivan Barnes is set to be sworn-in as a new member of the KwaZulu-Natal Provincial Legislature, following the expulsion of Mbali Shinga.
Image: Supplied
KwaZulu-Natal Legislature Speaker Nontembeko Boyce has started processing the replacement of Mbali Shinga after her final expulsion by her party, the National Freedom Party at the weekend.
On Saturday, the party’s appeals committee dismissed Shinga’s appeal for a review of her earlier expulsion in April. On Sunday, the party wrote to Boyce notifying her about the decision and that it had nominated its president Ivan Barnes, to replace Shinga.
In her reply, Boyce acknowledged receiving the party’s letter and promised to process it accordingly.
“This serves to acknowledge your correspondence and will process and revert to you,” said Boyce On Monday, Boyce also wrote to Shinga advising her of intention to remove her unless there is court interdict preventing her from doing so.
The NPF's Secretary-General Sunset Xaba confirmed that he had written to Boyce, asking for Shinga to be replaced with Barnes.
In his letter, Xaba referred the Speaker to Section 106(3)(c) of the Constitution which says that a person loses their Legislature membership if that person ceases to be a member of a political party that nominated that person to be a member of the Legislature. He therefore requested the Speaker to facilitate the swearing in of Barnes.
“We respectfully request that your esteemed office to facilitate his swearing-in without delay, thereby ensuring that uninterrupted representation of the party and safeguarding the dignity of the legislative governance,” read the letter.
However, Shinga who is also the Social Development MEC, is expected to remain in both positions as her legal team was expected to file court papers on Monday challenging the expulsion.
Speaking on Sunday, through her attorney Sithembiso Mbhele, Shinga vowed to go to court to challenge the latest decision on her political career.
Mbhele said he has been instructed by Shinga to file papers in court on Monday, describing the appeals chairperson’s decision as 'long pre-determined'.
He said that the appeals committee chairperson 'frustrated Shinga’s appeal from day one by refusing to provide the transcript of the hearing to the legal team to formulate arguments of the appeal'.
Mbhele said instead of being given a transcribed hearing, the chairperson of the disciplinary committee provided audio clips.
“We are taking this matter to court on an urgent basis. The appeals committee chairperson had a predetermined finding against our client. It was practically impossible for us to listen to audio of the four month long hearing, hence we are saying there was a deliberate plan to uphold the expulsion decision,” said Mbhele.
He claimed there was no possibility of an appeal before the decision was taken, saying the legal team had been told that the appeal had been dismissed.
He said Shinga is challenging the powers of the party’s national working committee as the party’s constitution says that the party’s highest decision-making structure is its general conference.