KwaZulu-Natal Legislature Speaker Nontembeko Boyce says she will move ahead and replace Social Development MEC Mbali Shinga, despite an imminent court challenge.
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A legal showdown is looming between the KwaZulu-Natal Legislature Speaker Nontembeko Boyce and Social Development MEC Mbali Shinga, following the Boyce's insistence that she will replace Shinga unless she is prevented from doing so by a court interdict.
On Monday afternoon, Boyce wrote to Shinga notifying her that in terms of Section 106(3)(c) of the South African Constitution, she is not supposed to continue as a member of the Legislature after her expulsion from the NFP.
However Shinga, through her attorney Sithembiso Mbhele, served the Speaker with court papers saying that she had taken the matter to court and that the issue of her replacement should be put on hold, pending the court process.
Boyce was non-committal, telling Shinga that the Legislature would not entertain internal party battles.
She said that Shinga's legal challenge against the party would not affect the replacement process unless she brings a court order interdicting the Legislature from swearing-in a new member in her place.
“We have noted the Speaker’s threat to continue with the replacement of our client despite informing her that we have filed court papers challenging the same decision that affects our client’s seat in the Legislature. We are dealing with it right now,” said Mbhele on Tuesday morning.
He said the matter was enrolled on an urgent basis in Pietermaritzburg High Court and the court has set aside Tuesday next week to hear the matter
Boyce on Monday, announced that she has started the process of replacing 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.
Shinga announced that she was taking the matter to court, describing the appeals chairperson’s decision as 'long pre-determined'.
“We are taking this matter to court on an urgent basis. The appeals committee chairperson had a predetermined finding against me. 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 Shinga.
Besides challenging her dismissal on procedural grounds, Shinga is also challenging the powers of the NFP’s national working committee as the party’s constitution says that the party’s highest decision-making structure is its general conference.