NFP’s attempt to oust KZN MPL Mbali Shinga stalls over legal snag

When Mbali Shinga, MPL and MEC for Social Development in the Government of Provincial Unity, faced a sudden roadblock, the National Freedom Party (NFP) found its plan to replace her with party president Ivan Barnes in the KwaZulu-Natal Legislature called into question. The provincial speaker Nontembeko Boyce ruled on 12 June 2025 that the paperwork submitted by the party flouted the Electoral Act, leaving the NFP scrambling for a solution.

Background to the NFP list dispute

Shinga rode to the top of the party’s candidate roster in the 2024 general election, landing the number‑one spot on the Electoral Commission of South Africa (IEC) reserve list for the KZN Legislature. As the sole NFP MPL in the province, she also chairs the party’s provincial structure, a dual role that makes her a political linchpin.

In February 2025, the party’s National Executive Committee tabled a proposal to reshuffle the lists across strategic municipalities, Parliament and the KZN Legislature. The National Working Committee signed off on the plan, eyeing a power shift that would see Barnes move from party president to provincial parliamentarian.

Legislature ruling and Electoral Act hurdles

The NFP’s national leadership issued a directive on 6 June 2025, instructing Shinga to amend the list and submit a revised version by 11 June 2025. Acting secretary‑general Bheki Xaba sent a formal communique underscoring the deadline.

But the speaker’s letter, dated 12 June 2025, said the submission “failed to meet the requirements set out in the Electoral Act.” Specifically, Item 19(b) caps replacements at 25 % of a party’s original list – that’s 5.5 candidates out of 22 on the reserve list. The NFP had only replaced one name, leaving the paperwork technically incomplete.

"There is only one name on the reviewed NFP party list as compared to twenty‑two on the IEC reserve candidate list," Boyce wrote. "The amendment therefore breaches the 25 % replacement limit."

Shinga’s camp argued the move was a tactical adjustment, not a wholesale replacement, but the speaker’s office was unmoved. The result: the legislature could not process the amendment, and Shinga remained on the list.

Court intervention and withdrawal of discipline

Meanwhile, the NFP pressed disciplinary charges against Shinga, accusing her of sabotaging the amendment process to cling to both her MPL and MEC posts. The case took a dramatic turn on 4 July 2025, when the Pietermaritzburg High Court (the Pietermaritzburg High Court) declared the decision to bring charges “unlawful, void and of no force and effect.”

Following the ruling, the party withdrew the disciplinary proceedings on 6 August 2025, but not before filing a fresh objection to Shinga’s separate application seeking an injunction against future disciplinary action. In that main case, Barnes is listed as a respondent.

"The court’s decision forced us to reconsider our strategy," Xaba told reporters. "We respect the judiciary and will continue to pursue internal governance reforms, but we must do so within the law."

Wider party turmoil over other MECs

The Shinga saga is just one thread in a broader tapestry of discord. Earlier this year NFP leader Irvin Barnes (who many suspect is the same person as Ivan Barnes, though the spelling differs in party releases) called for the suspension of Education MEC Sipho Hlomuka and Health MEC Nomagugu Simelane over alleged corruption involving contracts awarded to companies tied to their families.

Simelane fired back, saying, "The farm received financing through an Ithala Bank loan in 2008, many years before I became Chairperson of the Provincial Portfolio Committee on Agriculture and Rural Development in June 2016. I was a junior official in a completely different department at the time and had no decision‑making influence."

Political analyst anonymous warned, "Barnes is leading a cohort that now appears more powerful than him. The NFP must clean up its image if it hopes to stay relevant after the next elections."

What this means for KZN politics

At its core, the dispute highlights a clash between party ambition and statutory constraints. If the NFP cannot navigate the 25 % replacement rule, its strategic roster reshuffle could stall, leaving Barnes on the sidelines while Shinga retains her dual roles.

For voters, the drama may reinforce perceptions of internal fragmentation within smaller parties, potentially driving support toward larger, more stable entities. On the other hand, the NFP’s willingness to confront alleged corruption among rival MECs could win it some credibility among constituents tired of patronage politics.

Looking ahead, the party faces two immediate challenges: (1) filing a compliant amendment that respects the Electoral Act, and (2) managing the fallout from the court’s injunction while keeping its reform agenda afloat.

Key Facts

• June 12 2025: KZN Legislature speaker rules NFP’s amendment documents non‑compliant.
• July 4 2025: Pietermaritzburg High Court declares disciplinary charges against Shinga unlawful.
• August 6 2025: NFP withdraws disciplinary proceedings but continues legal battle over future actions.
• Electoral Act limits candidate replacements to 25 % of the original list (max 5 out of 22).
• Party president Ivan Barnes is slated to replace Shinga if the list amendment succeeds.