Legal action has been launched in the Pietermaritzburg High Court on behalf of KwaZulu-Natal Social Development MEC Mbali Shinga, contesting her removal from the National Freedom Party (NFP).
Shinga, the NFP’s only representative in the KwaZulu-Natal Provincial Legislature and former provincial chairperson of the party, saw her internal appeal against expulsion rejected over the weekend by the NFP’s appeals tribunal.
Sthembiso Mbhele, legal representative for MEC Shinga, confirmed that court documents have been finalized and will be formally served on the Speaker of the KwaZulu-Natal Provincial Legislature and the NFP as parties with interest in the proceedings.
The challenge, according to Mbhele, focuses on alleged irregularities in the procedural fairness of the party’s internal appeal mechanism. He noted that substantive concerns presented to the chairperson of the appeals tribunal were overlooked prior to the ruling being issued.
Central to the dispute is the NFP’s public statement declaring Shinga’s membership “conclusively terminated.” Mbhele contends this assertion contradicts the party’s own governing documents, which stipulate that members retain the right to escalate appeals to the National General Conference—the highest internal body authorized to reverse rulings issued by the national executive committee or national working committee.
“The National General Conference remains an available recourse under the party’s constitution, and Ms. Shinga has not yet been granted access to that forum,” Mbhele stated. “In light of the party’s premature public announcement, we deemed it necessary to seek urgent court intervention to preserve Ms. Shinga’s seat in the legislature while her appeal and review applications are properly considered.”
The legal application comprises two components: an urgent request for an interdict to block any removal of Shinga as an MPL, followed by the substantive hearing of her appeal and judicial review of the expulsion process.
Questions regarding the political backdrop—including whether Shinga was obligated to align with the NFP’s stance on a December motion of no confidence against Premier Thami Ntuli—were met with restraint by Mbhele. He emphasized that substantive political disputes should be resolved through judicial channels rather than public commentary, adding that additional details may surface when matters are addressed in court on June 9.
Mbhele underscored that Shinga had fully participated in the NFP’s internal disciplinary and appeals procedures. The current court application, he clarified, seeks only to ensure that the party’s constitutional processes are respected in full before any final determination affects her legislative status.
The Pietermaritzburg High Court is expected to address the interdict request shortly. The outcome could influence the balance of power within the KwaZulu-Natal legislature and affect the stability of the province’s governing coalition.