The conflict between the National Freedom Party (NFP) and its ex-member, Mbali Shinga, has progressed to a legal battle in the Pietermaritzburg High Court, where the NFP seeks to compel KwaZulu Natal Legislature Speaker Nontembeko Boyce to expel Shinga from the provincial legislature.
This development has heightened existing political tensions in KwaZulu Natal and is scheduled for a court hearing on 30 July 2026. The NFP accuses Boyce of inaction regarding the party’s resolution to recall Shinga from her legislative role.
According to the NFP, the legal action aims to uphold constitutional procedures and affirm the necessity of respecting internal party resolutions, rather than challenging the judiciary’s authority.
Sunset Xaba, the party’s Secretary General, expressed that the legal pursuit against the Speaker is justified, as the NFP believes its directives regarding Shinga have been disregarded.
“The NFP has always maintained that this matter has nothing to do with defying a court ruling. This follows the party’s decision to recall Shinga from the provincial legislature, an action the NFP claims the Speaker is refusing to execute,” Xaba remarked.
The court filing comes after a turbulent week for the NFP involving escalating tensions with various political leaders in KwaZulu Natal, particularly following an unsuccessful attempt to remove the ANC’s MEC for Social Development.
In light of the NFP’s failed effort, ANC officials urged the NFP to redirect its frustrations away from Boyce, who has been a focal point in the conflict regarding Shinga’s standing.
The ANC’s response arrived after the NFP’s leadership openly criticized the Speaker, alleging that she was meddling in their internal matters and obstructing the execution of their decisions.
The NFP had made an official request to Boyce for Shinga’s removal from the legislature, but the Speaker declined it, citing a current interdict from the Pietermaritzburg High Court that precludes any such action.
Boyce maintains that the existing court order prohibits any attempts to remove Shinga while her case remains unresolved.
The NFP’s latest request followed a meeting of its national executive committee, where members opted to dismiss Shinga’s appeal against her expulsion from the party.
The NFP contends that the Speaker’s role is primarily administrative and should not extend to assessing whether the party has adhered to its internal rules.
Xaba has criticized the Speaker’s office for overstepping its boundaries by questioning the validity of the NFP’s internal processes.
“The Speaker’s office should not choose sides. The Speaker’s office must follow the established rules. It is not the duty of the Speaker’s office to judge whether the platform that decided to dismiss Shinga’s appeal followed all the party guidelines or not,” Xaba stated.
This legal confrontation highlights broader issues regarding the dynamic between political parties and provincial legislatures, especially when internal party matters influence elected officials.
While the NFP claims that enforcing Shinga’s removal is a matter of upholding a legitimate party decision, Boyce asserts that legal and constitutional responsibilities prevent her from taking action while there is an active court order.
The forthcoming High Court hearing will clarify whether the Speaker’s refusal to act was justified or if the NFP’s demands must be honored.
For the moment, the standoff persists, as the court’s ruling is poised to shed light on the extent of party authority and the autonomy of legislative processes within KwaZulu Natal.
