Speaker rejects NFP bid to remove suspended Mbali Shinga From KZN Legislature

The attempts by the National Freedom Party (NFP) to remove its only member in the provincial legislature, Mbali Shinga, have failed.

The NFP had written to the KwaZulu-Natal Legislature Speaker, Nontembeko Boyce, informing her that Shinga is suspended and is barred from representing the party in any capacity and that the party will send a new member. The Speaker’s office stated that the conditions that could lead to such a step being taken by the legislature have not been satisfied by the party.

The party is taking action against Shinga, who is the MEC for Social Development, after she defied the party and voted against the motion of no confidence brought by the MKP against Premier Thami Ntuli. She voted against the motion, which led to the motion failing and sparked chaos inside the legislature. The chaos has led to the suspension of several MKP Members of the Provincial Legislature (MPLs).

In the letter to the Speaker, the party had said that “on the 19th of December, the National Executive Committee of the National Freedom Party convened and, after due deliberation, resolved to suspend Ms C.M. Shinga's membership with immediate effect. This decision was taken pending the institution of disciplinary proceedings and the appropriate action to be undertaken in accordance with the party’s constitution and disciplinary code.

“Consequent to this resolution, Ms Shinga is hereby barred from representing the NFP in any capacity or position within the KwaZulu-Natal legislature, her suspension remaining in force until the disciplinary process has been concluded and a final determination made. The NFP will, in due course, formally advise your office of the name of the member who shall replace Ms Shinga as a member of the provincial legislature,” said the letter.

The NFP had not responded to requests for comment.

The Speaker, Boyce, stated in response to the NFP letter that the conditions governing such action had not been met by the party.

“Whilst taking note of the correspondence, we bring to your attention that the KZN legislature is guided by section 106 (3) of the Constitution of the Republic, which states that: A person loses membership of the legislature if that person ceases to be eligible to be a member of the legislature, is absent from the legislature without permission, or ceases to be a member of the party that nominated that person as a member of the legislature.

“We note that none of the conditions as set out above are applicable in this instance, and as such, the office of the Speaker is unable to accede to your request. We do, however, request that you immediately notify the legislature should any of the preconditions set out above be met.”

Meanwhile the MK Party has also warned the Speaker against the suspension of its members in relation to the December 15 sitting that descended into chaos.

Boyce suspended 36 MPLs for “gross disorderly, violent, and unlawful conduct” during that December 15 sitting. Thirty-five of the suspended MPLs were MKP members, with the other belonging to the EFF.

The MKP has challenged the suspensions and given Boyce until December 31 to withdraw the suspensions of face legal action.

A lawyer’s letter from the party, said: “Your decision to impose the suspensions, which are punitive in nature, is clearly unlawful and irrational upon various grounds, including but not limited to the following: The sanctions were imposed without giving the affected members even the pretence of a hearing.”

The letter said the entirety of the Speaker's conduct during the sitting that led to the decision was tainted by bias and breached the nemo iudex rule of natural justice.

The Speaker’s office said the Speaker had engaged with both the MKP on its lawyer’s letter and the NFP on its letter but declined to speak to the contents of her responses.

THE MERCURY