The MEC for Social Development in the KwaZulu-Natal legislature has won the first round of the protracted legal battle to save her legislature seat from being snatched by her party’s president.
This is after the Pietermaritzburg High Court on Friday abruptly halted a disciplinary hearing by the National Freedom Party (NFP) against MEC Mbali Shinga.
The disciplinary hearing, spearheaded by the party’s president, Ivan Barnes, was mooted for Saturday, July 5 2025. It would have seen Shinga expelled from the party for misconduct.
Disciplinary hearing key in the matter
Shinga filed an urgent court application on Wednesday this week to halt the disciplinary hearing. She argued that it was unlawful and spearheaded by Barnes, who wants 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. The post is currently held by Shinga, hence the spirited bid to remove her.
She told the court that if the hearing is not halted, she would be expelled from the NFP. She will lose her legislature seat, and ultimately the provincial cabinet.
“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.
Last month Sunday World reported how the NFP wrote to the Speaker of the KZN legislature. In the letter, it asked Barnes to 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.
Court ruled in Shinga’s favour
In the end, the court ruled in favour of Shinga. It ruled that pending the determination of the validity of the decision to charge Shinga, it is “unlawful, void, and of no force and effect”. It also ruled that the NFP and Barnes are restrained from proceeding with the hearing.
Barnes said the case was heard behind their back. They could not state their case after the sheriff served the papers at a dormant office of the party. He added that they will contest the court application.
