- The Speaker has been instructed to declare that Cynthia Shinga’s seat in the KwaZulu-Natal Legislature is vacant.
- Judge Mngadi found that the NFP had finished its internal appeal process, and that the interim court order was no longer in effect.
- The court found that the Speaker went beyond her authority by failing to act after the appeal had been decided.
The Speaker of the KwaZulu-Natal Legislature has now been instructed to declare Cynthia Mbali Shinga’s seat vacant. Judge SB Mngadi found that the National Freedom Party properly completed its internal disciplinary appeal, and that the interim order which previously protected her position had expired.
This judgment paves the way for the legislature to remove Shinga as an MPL and to swear in the next candidate on the NFP’s party list, bringing an end to months of uncertainty about her position.
Appeal process brought interim protection to an end
The dispute began after Justice NTY Siwendu granted an urgent order on 19 June 2026, suspending Shinga’s expulsion while the NFP considered her internal appeal. That order allowed the party to choose whether the appeal would be heard by its National Working Committee or another authorised body.
The NFP’s National Working Committee met on 4 and 5 July. Shinga arrived at the venue on the first day, but left before her appeal could be heard. She was invited to come back the next morning, but told the committee she had family commitments that prevented her from attending. The committee went ahead without her, dismissed her appeal, and confirmed her expulsion from the party.
Once the appeal had ended, the NFP officially told the Speaker that Shinga no longer represented the party in the provincial legislature.
Speaker refused to act
Instead of declaring the seat vacant, the Speaker told the party that she had received conflicting accounts from both the NFP and Shinga about whether a valid appeal had occurred. She maintained that only a court could settle the legal position, so she kept the situation unchanged.
The NFP argued that this put them in an impossible position. Shinga continued to serve as both an MPL and a member of the provincial executive, even though she had already been expelled from the party that nominated her.
Judge says the interim order expired automatically
Judge Mngadi found that Justice Siwendu’s earlier order was clear. The interim protection was only in place until the National Working Committee had made its decision on Shinga’s appeal.
“The determination of the appeal meant that the interdictory relief fell away,” the judge said. He added that any complaints about the way the appeal was handled should be dealt with in a review application, rather than by extending the interim order.
The court said the Speaker had made a mistake by acting as though the expired interdict was still legally binding.
Speaker exceeded statutory powers
Judge Mngadi found that the Speaker’s constitutional duty was simply to act on the party’s notification once the appeal was over. The Speaker was not allowed to investigate whether the disciplinary process had been fair or lawful, because those matters are for a review court to decide.
The judgment states that by refusing to implement the party’s decision, the Speaker became involved in a dispute she did not have to resolve, and effectively extended Justice Siwendu’s order beyond what was intended.
Final order
The court declared that the interim relief granted in June had expired. It ordered the Speaker to declare Shinga’s seat in the legislature vacant and directed the legislature to publish and swear in the next candidate on the NFP’s updated party list.
Shinga and the Speaker were also ordered to pay the NFP’s legal costs together, including the costs for two counsel, in the main application.
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