Mbali Shinga is back on her political activities following the Pietermaritzburg High Court ruling that she should be temporarily reinstated pending the outcome of reviewing her expulsion from the NFP.
Image: Sibonelo Ngcobo / Independent Newspapers
The Pietermaritzburg High Court has temporarily reinstated Mbali Shinga into all her political positions as the National Freedom Party’s (NFP’s) KwaZulu-Natal chairperson, MPL, and Social Development MEC.
Judge Namhla Thina Siwendu temporarily lifted the suspension of her party membership on Friday afternoon, disappointing NFP President Ivan Barnes, who was expected to be sworn in as the new MPL.
The ruling remains in effect until the battle to overturn the termination of her party membership is finalised.
Some members of the 15-year-old party, which suffered factional divisions and a series of court battles since its founding leader Zanele kaMagwaza-Msibi fell ill due to a major stroke in 2014 and died in 2021, sang in jubilation outside the court welcoming the ruling.
Provincial Legislature Speaker Nontembeko Boyce immediately issued a statement, stating that she was reversing her June 4 announcement that Shinga was no longer an MPL and that the NFP's sole seat remained vacant until another party member was sworn in.
Boyce said the Legislature will act in accordance with the court's directive, preventing it from acting on the NFP's request to remove Shinga as an MPL.
“The court directed that, should any steps have already been taken to implement the removal, the Legislature must restore the status quo ante and reverse any such action,” said Boyce.
In her application seeking to interdict Boyce from swearing in her replacement, Shinga also challenged her expulsion from the party.
The party conducted a disciplinary hearing against Shinga for defying its instructions and found her guilty on April 11, leading to her lodging an appeal at the party’s Appeals Tribunal, which upheld the verdict and was dismissed on May 30.
No longer being an MPL meant she no longer qualified to continue as the MEC in Premier Thami Ntuli-led Government of Provincial Unity (GPU).
Ntuli was criticised for delaying her removal from the Cabinet and appointing her replacement.
“In compliance with the court order, the KwaZulu-Natal Legislature confirms that the status quo ante has been restored, and Hon. C.M Shinga remains a member of the Legislature,” said Boyce.
Barnes told the media that the NFP would adhere to the court order and that the party’s secretary-general, Sunset Xaba, would write to Shinga, informing her of the reinstatement of her membership, her provincial chairperson position, and her National Working Committee (NWC) membership.
The party had expelled Shinga for defying its resolution to resign from the Cabinet as MEC and for refusing to vote in favour of the uMkhonto weSizwe Party-sponsored motion of no confidence against the provincial Cabinet.
“She would get a letter reminding her about the party’s NWC resolutions to resign as MEC and leave the GPU.
“It would be up to her whether she listens to Ntuli, as she had been saying she only takes a mandate from Ntuli, or if she will listen to the NFP, which deployed her.
“She should have listened to us from the start, and we are here now because she did not listen but instead chose to listen to her friends,” said Barnes.
Shinga’s lawyer, Sthembiso Mbhele, told the media outside the court that they will now focus on finding a date for the review of her expulsion from the party.
“In the event the (review) outcome is not favourable, we still have an option to come back to this court as a court of final arbiter to ventilate our concern, if any, depending on the outcome thereof.
“Effectively, the order simply says our client will go back to continue with her normal activities as a minister (MEC) of Social Welfare, and also within the party, she is not yet expelled until that process of the review has actually taken place,” said Mbhele.
In a statement, the NFP Legislature caucus, for which she is the only member, welcomed the court ruling and expressed confidence that all matters will be resolved through the principles of fairness, constitutionalism, and the rule of law.
“This moment must not be viewed as a victory of one individual over another, but rather as an opportunity to restore unity, strengthen internal democracy, and rebuild the NFP.
“The NFP Caucus further remains committed to constructive participation in the GPU and ensuring that the needs of the people of KwaZulu-Natal remain at the centre of governance,” read the statement.