Former KZN National Freedom Party chairperson and MEC of Social Development Mbali Shinga took the KZN Legislature to the Pietermaritzburg High Court to interdict the swearing-in of her replacement.
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Defending KwaZulu-Natal Social Development MEC Mbali Shinga is equal to the fight against gender-based violence (GBV); her party is violating her rights as a woman, said ANC MPL Fikile Masika.
Masika sat next to Shinga at the Pietermaritzburg High Court on Wednesday while waiting for a judge to arrive for the hearing on Shinga's urgent application for an interdict.
The matter only started after 12pm, and Judge Namhla Thina Siwendu postponed it to a date yet to be determined by Shinga's lawyers, as the applicant, and the respondents, who include NFP President Ivan Barnes, KwaZulu-Natal Legislature Speaker Nontembeko Boyce, and the Legislature.
The matter was postponed after Shinga’s lawyers learned that Boyce had indicated in her affidavit that she would not conduct the swearing-in ceremony on Friday.
She wants the court to interdict Boyce from appointing another MPL to replace her.
Shinga filed an urgent application after being informed that Boyce was preparing to swear in Barnes as the new sole party MPL.
Shinga was recently expelled from her party, the National Freedom Party (NFP), where she has served as provincial chairperson since 2023.
This was after a lengthy internal disciplinary hearing, which found her guilty of various offences, including defying instructions to resign as the MEC and refusing to vote in favor of the uMkhonto weSizwe Party’s (MKP) motion of no confidence against the Premier Thami Ntuli-led cabinet.
Masika, who as a member of the provincial Social Development Portfolio Committee and worked closely with Shinga, accused the NFP, especially Barnes, of violating Shinga's rights to a political office.
“The political struggle Shinga faces is a struggle for all women. Our mothers (Struggle veterans) fought for the space of women, so whatever struggle that Shinga is facing is not only the struggle that she is facing within the NFP, it is the struggle for all women of South Africa that our mothers fought for as political space for all women,” said Masika.
She said she came to court in her own personal capacity and as an ANC member “to say that the women's struggle must continue”.
“I am here on behalf of women in general, but I know that women in the ANC are in solidarity with Shinga's struggle because we know that mothers like Winnie Madikizela-Mandela and Albertina Sisulu fought for women to be at the helm politically, and to walk the corridors of power,” she said.
NFP caucus manager at the legislature, Innocent Shezi, who spoke to the media on behalf of Shinga, said Shinga was in a good spirit as she was waiting to enter the court.
“Good spirit because we are defending the constitution of the NFP and the seat of the NFP in the KwaZulu-Natal Legislature.
“But most importantly, the provincial legislature remains in its current position because we understand that the processes that unfolded were unfair and not procedural as per the constitution and we believe that the court will favour the MEC,” said Shezi.
Shezi also said Shinga's expulsion from the NFP was still to be tested “because it has not been formally communicated with her”.
“Everything needs to be done according to the NFP constitution, the Constitution of the Republic, and the rules of the House in the provincial legislature,” said Shezi.
Although he could not specify which platform Shinga is using to challenge her expulsion from the party, Shezi said her disciplinary hearings were not handled appropriately.
“We have not yet approached the NGC (National General Council), the final resolution mechanism within the NFP constitution, which has not been addressed.
“That is something to consider because not all procedures have been followed accordingly. If the constitution had been followed, we would not be where we are today," Shezi said.
Speaking on behalf of the NFP Youth League, Glan Ndubelele said Shinga's support was aimed at stabilising the NFP ahead of the local government elections.
“The division was caused by failure to follow the NFP constitution, which states a member should be charged by her branch. Her branch knows nothing, constituency and district know nothing, and even the provincial executive committee knows nothing,” said Ndubelele.
Barnes said he would respond in a media briefing, which will be announced soon, to what Shinga’s supporters are saying about her expulsion.
“Currently, the matter has been concluded, and we are going to call a press conference to discuss the way forward. Whoever is opposed to that (expulsion), must go to court for a review, but internally, everything has been concluded,” said Barnes.