The NFP's Mbali Shinga's political future hangs in the balance after her appeal against her expulsion was dismissed..
Image: SIBONELO NGCOBO
The National Freedom Party (NFP) and its embattled KwaZulu-Natal Legislature member, Mbali Shinga, are headed for a legal showdown following the dismissal of her appeal against her expulsion from the party.
On Saturday, the party announced that the appeals committee chairperson dismissed Shinga's appeal and upheld her earlier expulsion from the party. However on Sunday, speaking through her attorney Sithembiso Mbhele, Shinga vowed to go to court to challenge the latest decision on her political career.
Mbhele said he has been instructed by Shinga to file papers in court on Monday, describing the appeals chairperson’s decision as long pre-determined.
He said that the appeals committee chairperson 'frustrated Shinga’s appeal from day one by refusing to provide the transcript of the hearing to the legal team to formulate arguments of the appeal'.
Mbhele said instead of being given a transcribed hearing, the chairperson of the disciplinary committee provided the audio clips.
“We are taking this matter to court on an urgent basis. The appeals committee chairperson had a predetermined finding against our client. It was practically impossible for us to listen to audio of the four month long hearing, hence we are saying there was a deliberate plan to uphold the expulsion decision,” said Mbhele.
He claimed there was not even an appeal before the decision was taken, saying on Friday he sent the heads of argument detailing her client’s grounds for the appeal which she was going to present during the sitting, however, on Saturday the legal team received the news that the appeal had been dismissed.
He said Shinga is challenging the powers of the party’s national working committee as the party’s constitution says that the party’s highest decision-making structure is the general conference.
The party’s Secretary-General Sunset Xaba did not respond to the questions on what the party will do about Shinga's threat of legal action, however he confirmed the dismissal of Shinga’s appeal.
In a statement issued by Xaba on Saturday, he said the party welcomed the ruling, which he said has confirmed both the findings of guilt and the sanction of expulsion imposed following disciplinary proceedings.
He said the tribunal carefully considered all submissions made by the appellant (Shinga) and the respondent, including allegations relating to the composition of party structures, procedural fairness, the powers of the National Executive Committee (NEC), and the authority of the disciplinary and appeals processes.
“After a thorough examination of the evidence, applicable legal principles, and the constitution of the National Freedom Party, the tribunal found no basis to overturn the original decision. Importantly, the tribunal reaffirmed that:
* The National Executive Committee acted within the powers conferred upon it by the Constitution of the National Freedom Party.
* The NEC was properly quorate and competent to take the decisions that became the subject of the disciplinary process.
* The disciplinary proceedings were conducted fairly and in accordance with the Party Constitution.
* The Appeals Tribunal was lawfully and properly constituted.
* The Appellant failed to demonstrate any material procedural irregularity or legal basis upon which the findings and sanction could be set aside."
The disciplinary proceedings stem from Shinga's decision to defy a party instruction to vote alongside the uMkhonto weSizwe Party (MK Party) and the Economic Freedom Fighters (EFF) in support of a motion of no confidence against KwaZulu-Natal Premier Thami Ntuli on December 15, 2025.
willem.phungula@inl.co.za