Pietermaritzburg — KwaZulu‑Natal Social Development MEC Mbali Shinga said on Tuesday she will approach the Supreme Court of Appeal after a Pietermaritzburg High Court judge dismissed her application for leave to appeal a judgment that could see her removed from the provincial legislature.
Legal battle centred on NFP membership and party list
Shinga told reporters she has instructed her legal representatives, Sthembiso Mbhele and Associates, to lodge an appeal against the latest judgment delivered by Judge Bongani Mngadi on Monday. Her team is awaiting the written reasons for the order to determine the precise grounds and timelines for the appeal.
The dispute arises from Shinga’s expulsion from the National Freedom Party (NFP) following an internal disciplinary process. The party says her expulsion was confirmed on internal appeal and has sought to replace her on the party's single seat in the KwaZulu‑Natal Legislature with NFP president Ivan Barnes.
On 15 September the Pietermaritzburg High Court ruled in the NFP’s favour, finding that interim relief which had been protecting Shinga’s position had lapsed. The court instructed provincial legislature Speaker Nontembeko Boyce to take steps to declare the party seat vacant and to facilitate the swearing‑in of the next candidate on the revised party list.
High Court refuses leave to appeal
Shinga applied for leave to appeal that order, but on 19 October the High Court dismissed her application, removing that obstacle to implementing the September judgment. It is this dismissal that Shinga now intends to challenge at the Supreme Court of Appeal.
“I have instructed my legal representatives, Sthembiso Mbhele and Associates, to take the necessary steps to approach the Supreme Court of Appeal to pursue an appeal against the judgment,”
“I wish to make it clear that this matter has not reached its finality, and it is certainly not the end of the road,”
Shinga also expressed confidence in the justice system and the legal routes available to her.
What this means for the provincial legislature
If the September order is actioned, the Speaker will be required to declare the NFP seat vacant and to administer the oath to the next candidate on the party’s list, Ivan Barnes. That step would change the legislature’s membership and the party representation from the NFP.
However, the process could be stayed or reversed depending on the outcome of any appeal. Shinga’s notification that she will go to the Supreme Court of Appeal means the matter may remain unresolved for some time while higher courts consider the legal questions raised about internal party processes and the operation of electoral lists.
Timeline of key events
| Date | Event |
|---|---|
| 15 September | Pietermaritzburg High Court rules interim relief protecting Shinga lapsed; orders steps to replace her with Ivan Barnes |
| 19 October | High Court dismisses Shinga's application for leave to appeal |
| Recent (reported) | Shinga instructs lawyers to approach the Supreme Court of Appeal |
Practical implications and next steps
The immediate practical steps will depend on whether the legislature acts on the September order and whether Shinga seeks and obtains a stay pending appeal. Key points to watch:
- Whether the Speaker declares the NFP seat vacant and schedules the swearing‑in of Ivan Barnes;
- Whether Shinga seeks an urgent interim interdict from the Supreme Court of Appeal to halt the implementation while her appeal is considered;
- The timing of the written judgment from Judge Mngadi, which Shinga’s legal team is awaiting to finalise the appeal papers.
The dispute raises broader questions about how internal party disciplinary processes intersect with the administration of party lists and seats in provincial legislatures — an issue that often ends up being resolved in the courts rather than in political fora.
For now, the matter remains a live court contest. Both the integrity of internal party procedures and the constitutional mechanics that govern legislative membership are likely to feature prominently if the Supreme Court of Appeal agrees to hear the case.
City: Pietermaritzburg
Reporting from KwaZulu‑Natal.
