National Freedom Party (NFP) KwaZulu-Natal MPL Cynthia Mbali Shinga has vowed to take her fight to the Supreme Court of Appeal after the Pietermaritzburg High Court dismissed her bid to appeal a ruling that paved the way for her removal from the provincial legislature.
Shinga said she had instructed her lawyers, Sthembiso Mbhele and Associates, to take the necessary steps to challenge the judgment handed down by Judge Mngadi on 19 October.
The latest development marks another escalation in the protracted dispute between Shinga and the NFP over her expulsion from the party and the future of its sole seat in the KwaZulu-Natal Legislature.
“I wish to make it clear that this matter has not reached its finality, and it is certainly not the end of the road,” Shinga said in a statement issued on Tuesday.
She said her legal team was awaiting the written judgment to guide the next steps.
“I wish to reaffirm that we have full confidence in the South African justice system, the rule of law and the judicial processes available to us. We remain resolute in our position and will pursue the matter through the appropriate legal channels,” she said.
Shinga also thanked party members, supporters, political colleagues and members of the public who had sent messages of encouragement.
“Let me assure everyone that this is not the end of the road. We remain steadfast, focused and confident in the legal processes ahead,” she said.
However, the NFP has welcomed the latest ruling, arguing that it removes a legal obstacle to implementing the earlier court order concerning the party’s legislative seat. The party said the court dismissed Shinga’s application for leave to appeal with costs.
The legal battle stems from Shinga’s expulsion from the NFP following an internal disciplinary process in which she was found guilty of misconduct and gross insubordination.
The dispute intensified after Shinga defied the party’s directive to support an uMkhonto weSizwe Party-sponsored motion of no confidence against KwaZulu-Natal Premier Thami Ntuli in December 2025.
Shinga voted against the motion, which ultimately failed.
The NFP subsequently sought to remove her from the provincial legislature and replace her with party president Ivan Barnes.
Shinga challenged her expulsion in court, arguing that the party’s internal processes had not been properly finalised.
In June 2026, the Pietermaritzburg High Court granted her relief preventing her removal from the legislature while she pursued the relevant internal and legal processes.
The ruling allowed her to resume her duties after her expulsion had threatened both her legislative position and her role as KwaZulu-Natal’s MEC for Social Development.
The dispute continued after the NFP moved to terminate her membership again, arguing that she had failed to pursue the internal appeal process made available to her.
In September, Judge Mngadi handed down a further judgment in the NFP’s favour, paving the way for the party’s legislative seat to be declared vacant and for Barnes to replace Shinga.
The KwaZulu-Natal Legislature subsequently declared the seat vacant and prepared to facilitate the swearing-in of the next candidate on the party’s revised candidate list.
Shinga then applied for leave to appeal, temporarily complicating the process of replacing her in the legislature. Her legal representative, Sithembiso Mbhele, indicated at the time that she intended to pursue the matter through the higher courts if necessary.
The dismissal of Shinga’s application for leave to appeal is a setback for her efforts to retain the NFP’s legislative seat.
The party’s secretary-general, Sunset Xaba, said the court found that her application lacked merit and had no reasonable prospects of success before another court.
The NFP also argued that the application appeared intended to delay implementation of the earlier judgment. It welcomed the dismissal and maintained that the court’s orders should be respected.
Shinga, however, maintains that further legal avenues remain available.
Her intention to approach the Supreme Court of Appeal raises the prospect of another legal challenge over the party’s attempt to replace her in the legislature.
