Former KwaZulu-Natal National Freedom Party chairperson Mbali Shinga is returning to the Pietermaritzburg High Court on Friday to fight against her expulsion from the party.
Image: National Freedom Party
The hearing on former National Freedom Party (NFP) KwaZulu-Natal chairperson Mbali Shinga’s application might not be heard at the Pietermaritzburg High Court on Friday, as the party’s lawyers are preparing an urgent application for further postponement.
Shinga’s lawyers said earlier that they were heading to the court on Friday to convince Judge Namhla Thina Siwendu to interdict provincial Legislature Speaker Nontembeko Boyce from swearing in her replacement and also overturn her expulsion from the party.
However, NFP national administrator, Themba Dladla, who is in charge of the party’s legal department, said their lawyers are not yet ready for the matter to be argued in front of a judge.
“The applicant (Shinga) appears desperate, as the matter cannot be heard urgently due to amendments made by the judge.
“Today (Thursday), we are filing our heads of argument, as indicated that we shall submit by the 18th (June 18) not 17th,” he said.
Dladla said all respondents complied with the judge's order that they should file their answering affidavits no later than June 9, and Shinga also complied when she was ordered to file replying affidavits no later than June 12.
However, when the judge instructed all parties to file heads of argument by June 17, the NFP team requested June 18 of which Shinga’s team did not oppose.
“We are opposing (Friday’s case) right now, and we will file it (application) electronically to the court before 5pm, and since the court can respond online, it will tell them at night that there is no case tomorrow (Friday),” said Dladla.
Meanwhile, KwaZulu-Natal Premier Thami Ntuli's office has not disclosed the steps taken to appoint a new Social Development MEC to replace Shinga in the provincial Cabinet.
Shinga could no longer serve as the MEC after Boyce announced that she was no longer an MPL.
An official working for Shinga’s attorney, Sthembiso Mbhele of Sthembiso Mbhele & Associates, said, without giving details, that the matter will be heard on Friday from 10am.
“It is tomorrow at 10am,” said the official, who was unsure whether the matter would now be debated.
This court matter stemmed from Shinga’s application, seeking an urgent interdict to stop Boyce from swearing in another NFP leader to take over the party’s sole Legislature seat, which Shinga had occupied since the 2024 general elections.
When asked about going to court on Friday, Shinga declined to comment.
“You better ask the NFP about this, not me,” she said.
When approached, NFP Secretary-General Sunset Xaba said: “I don't know; I am not in the legal department of the organisation. You can ask Cde Dladla.”
The court was previously told that Shinga had filed an urgent application after being informed that Boyce was preparing to swear in a new MPL.
However, after short arguments on June 3, Judge Siwendu concluded that the urgent application lacked merit as there was no evidence that a new MPL would be sworn in.
Judge Siwendu then postponed the matter to a date to be determined by Shinga’s lawyers and the legal teams of the respondents, which are the provincial Legislature, Boyce, NFP, and NFP President Ivan Barnes.
In her application, Shinga contests the termination of her NFP membership, arguing that the disciplinary proceedings that found her guilty of disobeying the party’s instructions were mishandled.
Soon after the court postponed the matter, Boyce told Parliament that Shinga was no longer an MPL, according to Section 106(3)(c) of the Constitution, and that the NFP seat was now vacant until a new party member was sworn in.
Boyce told the Legislature that the Constitution stipulates that a person loses membership of a provincial Legislature if that person 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.”
However, Boyce is still yet to swear in a new NFP MPL.
In a video clip from the Legislature, Boyce said she had received correspondence from Xaba about Shinga’s expulsion from the party.
“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.
Following Boyce’s public announcements, Ntuli’s spokesperson, Lindelani 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.
However, Mbatha has not yet responded to questions about when Ntuli will replace Shinga.