The second round of the Pietermaritzburg High Court case brought by KwaZulu-Natal MEC for Social Development, Mbali Shinga, to stop her party from axing her from the provincial legislature, will be heard next month.
This is according to a notice sent to all parties by the court registrar, which stated that the matter would be heard on November 19.
Shinga, who holds the single but key seat in the provincial legislature, which is keeping the government of provincial unity made up of the Inkatha Freedom Party (IFP), ANC, DA, and the National Freedom Party (NFP) intact, won the first round in July.
That was when the court interdicted the NFP and its president, Ivan Barnes, from hauling her before a disciplinary committee. The move could see her expelled from the party and later from the legislature.
Paving way for MK Party
Her expulsion would see Barnes taking the seat and working with Umkhonto Wesizwe Party (MKP). He says the MKP deserves to lead the province, as it got the most votes during last year’s elections.
The court ruled that Barnes and the NFP should not proceed with the hearing. This is until the case has been fully heard and ruled upon.
In her court papers, Shinga was able to persuade the court to grant the interim relief. This was on the basis that it was unlawful and spearheaded by Barnes, who wanted her position. And in the event she is fired from the party, he will assume her position.
In her affidavit, Shinga said Barnes was meant to go to the national assembly in Cape Town after the May 2024 elections. However, the party did not win any seats there. When he realised that, Barnes started vying for the only seat in the KZN legislature.
Rejected clandestine move to oust her
“I respectfully submit that [the] disciplinary inquiry is just a subterfuge to replace me as a member of the provincial legislature with the second respondent (Barnes). As can be seen, the second respondent is both a prosecutor and a judge in his own cause,” Shinga said in her court papers.
In June, Sunday World reported how the NFP wrote to the Speaker of the KZN legislature, Nontembeko Boyce. In the letter, it asked that Barnes be moved to the top of the reserve list.
The party instructed Shinga to oversee that process. When she refused, they charged her with misconduct. And she had to dash to court to stop the hearing.
Over the weekend, Barnes said the NFP is engaged in talks with the MK Party. He said the discussion was about taking over the provincial government by ousting the IFP and the DA. But Shinga’s faction disputed it, saying there is no party resolution on the matter.
