The dispute between the National Freedom Party (NFP) and its sole member in the KwaZulu-Natal Legislative Assembly, Ms. Mbali Shinga, has been dismissed in the courts over the issue of her being appointed to the party.
On Saturday, the party announced that the chairman of the appeals committee rejected his request and agreed to his expulsion from the party.
However, according to her lawyer, Mr. Sithembiso Mbhele on Sunday, Ms. Shinga swears and asserts that she will go to court to challenge the latest decision.
Mbhele said Ms Shinga was ordered to first file documents in court today, describing the decision of the appeals committee chairman as having decided the matter before it has been heard.
He pointed out that the chairman of the appeals committee rejected Ms. Shinga’s request from the first day by refusing to provide the legal team with details of the trial to make presentations.
He said that instead of the chairman giving them the full recording of the proceedings, he gave them excerpts.
“We are taking this issue to court as urgent. The way the chairman of the committee is behaving indicates that he has decided on the issue of our guest before sitting. It would not be possible for us to listen to the audio of the hearing that has lasted for four months, that is why we say there was a specific strategy to support the decision to dismiss,” said Mbhele.
He went on to say that there was not even a hearing before a decision was taken, and he said that on Friday he sent notes explaining the reasons for his client’s appeal but on Saturday the legal team received news that the appeal had been dismissed.
“We are wondering what they will reveal as we will force them to show the court the details of the appeal hearing before the conclusion is reached that they comply with the decision to dismiss,” said Mbhele.
In addition, he pointed out that Ms. Shinga is challenging the power of the National Working Committee, because the constitution of the party states that the highest decision-making body is the conference.
The General Secretary of the NFP, Mr. Sunset Xaba, did not answer questions about what the party will do about Ms. Shinga’s announcement to take the party to court but confirmed the dismissal of her request.
In a statement issued by the Secretary General on Saturday night, he said that the party accepts the decision, which he said confirmed both – the conviction and the sentence of expulsion issued following disciplinary action.
He said the court had carefully considered all the submissions made by the complainant and the accused, including the allegations concerning the formation of the party’s structures, the integrity of the procedures, the power of the National Executive Committee, and the authority of the disciplinary procedures and the appeal process.
“After examining the evidence, the applicable legal principles and the constitution of the National Freedom Party, the committee did not find a basis to overturn the original decision.
Importantly, the committee confirmed that:
* The committee of the national assembly worked according to the powers given to them by the constitution of the National Freedom Party.
* The NEC had enough members and could make decisions about the disciplinary system.
* Disciplinary procedures are conducted impartially and in accordance with the party’s constitution.
* The appeal committee was duly and legally constituted.
* Appellant has failed to demonstrate any substantial procedural irregularity or legal basis upon which the conviction could be overturned.”
Ms. Shinga’s disciplinary action from refusing to comply with the party’s order to vote with MKP and EFF on the motion of no confidence in KwaZulu-Natal Prime Minister Mr. Thami Ntuli on December 15, 2025.
