Lawyers representing KwaZulu-Natal Social Development MEC Mbali Shinga have initiated legal proceedings in the Pietermaritzburg High Court to challenge her expulsion from the National Freedom Party (NFP).
Shinga, who previously served as the NFP’s provincial chairperson and remains the party’s sole Member of the Provincial Legislature in KwaZulu-Natal, had her internal appeal against the expulsion dismissed over the weekend by the party’s appeals tribunal.
Sthembiso Mbhele, attorney for MEC Shinga, confirmed that legal papers have been prepared and will be served on the Speaker of the KwaZulu-Natal Provincial Legislature and the NFP as interested parties in the matter.
According to Mbhele, the legal challenge centers on procedural fairness during the party’s internal appeal process. He stated that several issues raised with the chairperson of the appeal tribunal were not adequately addressed before the dismissal was announced.
A key point of contention, Mbhele explained, is the NFP’s public announcement that Shinga’s membership has been “finally terminated.” He argued this characterization is premature under the party’s own constitution, which provides for a further avenue of appeal to the National General Conference—the final internal structure empowered to overturn decisions made by the party’s national executive bodies.
“That platform has not yet been afforded to Ms. Shinga,” Mbhele said. “Given that they have decided to jump the gun, we felt it necessary to approach the court to interdict the NFP from removing Ms. Shinga as a member of the Provincial Legislature pending the determination of her appeal and review applications.”
The application is two-pronged: first, seeking an urgent interdict to prevent Shinga’s removal as an MPL; second, pursuing the substantive determination of her appeal and a review of the expulsion process.
When asked about the substantive political context—including whether Shinga had a duty to support the NFP’s position on a motion of no confidence against Premier Thami Ntuli in December—Mbhele declined to elaborate, noting that such matters should be ventilated in court rather than in public discourse. He indicated that further clarity on certain aspects of the case may emerge when proceedings continue on June 9.
Mbhele emphasized that his client had consistently engaged with the NFP’s internal disciplinary and appeal structures, and that the current legal intervention seeks only to ensure those processes are followed fairly and completely before any final decision on her political status is enforced.
The High Court is expected to consider the interdict application in the coming days, with significant implications for the composition of the KwaZulu-Natal legislature and the stability of the provincial governing coalition.
