NFP appeal tribunal upholds Mbali Shinga’s expulsion

The National Freedom Party (NFP) has concluded its internal disciplinary process against KwaZulu-Natal social development MEC Mbali Shinga after the party’s appeals tribunal dismissed her challenge against findings that she was guilty of gross insubordination and misconduct.

“The NFP notes and welcomes the ruling of the duly constituted appeals tribunal, which has dismissed the appeal lodged by Mbali Cynthia Shinga and has confirmed the findings of guilt and the sanction of expulsion imposed after disciplinary proceedings,” the party said.

The ruling effectively brings to an end a months-long dispute between Shinga and the party leadership.

The disciplinary action stems from Shinga’s refusal to support a motion of no confidence against KwaZulu-Natal premier Thamsanqa Ntuli in December last year.

The motion was sponsored by the MK Party.

Shinga also defied instructions from the NFP to vacate her seat in the provincial legislature.

The dispute intensified after the NFP formally resolved to withdraw from the KwaZulu-Natal government of provincial unity with immediate effect.

Acting secretary-general Sunset Bheki Xaba conveyed the decision in a letter dated January 6 giving Shinga until 9am on January 8 to resign.

Though the NEC resolved last month to expel Shinga, the party granted her an opportunity to appeal the decision.

According to the NFP, the tribunal considered submissions from both parties, including allegations relating to the composition of party structures, procedural fairness, the powers of the 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 NFPy, the tribunal found no basis to overturn the original decision,” the party said.

The tribunal reaffirmed that the NEC acted within its constitutional powers and was properly quorate when taking the decisions that led to the disciplinary proceedings and that the disciplinary and appeal processes were conducted fairly and in accordance with the party’s constitution.

It further found that the appeals tribunal had been lawfully constituted and that Shinga had failed to demonstrate any material procedural irregularity or legal basis for the findings and sanction to be overturned.

“The ruling further underscores a principle that lies at the heart of every democratic organisation: no individual member, irrespective of position or office, is above the constitution of the organisation or the constitution of the Republic of South Africa.

“The strength, stability and credibility of any political movement depend on adherence to constitutional governance, collective accountability and respect for democratically adopted decisions.”

The party said it was founded on the principles of justice, fairness, due process and constitutionalism, adding that while every member has the right to challenge decisions through established mechanisms, members are also required to respect the outcomes once those processes have been concluded.

“The party remains firmly committed to the principle of collective leadership. Decisions of duly constituted structures are binding on all members and public representatives. The authority of democratic institutions in the party cannot be substituted by individual preference, personal ambition or selective compliance.”

The party said it considers the matter finalised through its internal constitutional processes and called on members and public representatives to remain united and place the interests of the organisation above individual considerations.

“The NFP remains focused on serving the people of South Africa, strengthening democratic governance and building a united, principled and disciplined movement capable of advancing the aspirations of our communities.”

TimesLIVE