Disciplinary hearing for KZN MEC who defied party orders on vote of no confidence against Premier

The NFP’s sole member of the KwaZulu-Natal Legislature, Mbali Shinga is expected to appear before the party’s disciplinary committee on Wednesday to face charges following her decision to vote against the Umkhonto weSizwe Party-sponsored motion of no confidence against Premier Thamsanqa Ntuli.

On December 15, Shinga openly defied the party’s directive to vote for Ntuli’s removal. This angered the party's bosses, including president Ivan Barnes, who watched the proceedings from the chamber’s gallery. This prompted the party’s national executive committee (NEC) to hold a special meeting which resolved to suspend her.

The NEC then wrote to the Speaker Nontembeko Boyce and asked her to remove Shinga as a member of the legislature. However, the Speaker turned down the request and cited rules that Shinga could only be removed once she has ceased to be a member of the party and not if she was suspended.

On Monday, the NFP’s acting Secretary-General Sunset Xaba, said Shinga’s disciplinary hearing has been set down for Wednesday to Friday.  Although he refused to name the charges faced by Shinga, he said that she faces gross misconduct, which includes failing to obey party directives, and insubordination

“I just reminded her about her hearing. It will take place in Durban from Wednesday to Friday. We cannot have a member who will not follow the party’s instructions,” said Xaba.

Shinga on Monday did not confirm whether she will attend the hearing or not, however, she had previously stated that the party’s NEC had no authority to charge her.

She said in terms of the party’s own constitution, only a branch has powers to charge a member. Xaba stated that if Shinga does not attend, the hearing will continue without her and a decision will be taken.

It remains unclear whether the party leadership will succeed in  disciplining and removing her after the first attempt was rejected by the Pietermaritzburg High Court six months ago on the basis that the party’s NEC had no powers to remove her.

In July, the party wrote to the Speaker demanding the removal of Shinga from office. The ultimatum followed Shinga's refusal to submit an amended list to the Legislature removing her as number one and replacing her name with that of party president Barnes.

The court accepted her argument that Barnes and his NEC had no authority to remove or discipline her since those powers belong to the provincial executive committee and her branch respectively. The court set aside both letters of removal and disciplinary action.

Shinga who is a Social Development MEC and party provincial chairperson has been at loggerheads with the party’s NEC over her continuation with the GPU partnership. She was appointed to MEC’s position following an agreement with the party to join the Government of Provincial Unity (GPU). However, the party leadership has fallen out with the GPU and has since switched allegiances to the MKP but Shinga has remained in the GPU.

The GPU’s future hinges on the NFP-if the party succeeds in removing Shinga, the GPU partners will have a 40-40 split in the number of seats in the legislature.

willem.phungula@inl.co.za