NFP Returns to Court to Enforce Ivan Barnes’ Swearing-In Amid Shinga Appeal

The National Freedom Party (NFP) has taken legal steps to compel the KwaZulu-Natal Legislature Speaker, Nontembeko Boyce, to swear in its leader, Ivan Barnes, following a prolonged dispute over the party’s sole legislative seat.

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This follows a Pietermaritzburg High Court ruling on 15 September 2026 that ordered the Speaker to declare the NFP seat vacant after the party expelled Mbali Shinga, the current Member of the Provincial Legislature (MPL) and KwaZulu-Natal MEC for Social Development. The court also directed that the next candidate on the NFP’s list, Barnes, be sworn in.

In compliance, Speaker Boyce declared the seat vacant and initially scheduled Barnes’ swearing-in for the week of 21 September, with 22 September mentioned as the preferred date. However, these plans were shelved after Shinga filed an application for leave to appeal the court ruling, creating uncertainty over the immediate implementation of the order.

The NFP argues that since leave to appeal has not yet been granted, the original court order remains binding and should be enforced without delay. The party has returned to court seeking an order compelling the Speaker to proceed with Barnes’ swearing-in, either on Tuesday or Wednesday in Newcastle as originally planned.

Shinga’s legal representatives contend that the filing of appeal papers suspends the judgment, and they intend to challenge the ruling in the Supreme Court of Appeal. This legal back-and-forth leaves the situation unresolved, with no confirmation yet that Barnes has been sworn in.

The dispute traces back to December 2025 when Shinga was expelled from the NFP after defying party instructions during a motion of no confidence against KwaZulu-Natal Premier Thamsanqa Ntuli. Despite her expulsion, Shinga successfully obtained interim court relief on multiple occasions, delaying her removal from the legislature.

The High Court’s September ruling found that Shinga’s interim protection had expired after the NFP’s National Working Committee dismissed her internal appeal in July 2026. The court rejected her request for further interim relief, enabling the party to move forward with replacing her.

The NFP holds only one seat in the 80-member KwaZulu-Natal Legislature, making this seat pivotal. The party’s replacement of Shinga with Barnes could shift the balance of power, potentially creating a 40-40 split between the current Government of Provincial Unity coalition and an opposition alliance involving the MK Party and the EFF, depending on Barnes’ voting alignment.

Official records confirm Shinga held the NFP seat at the start of this dispute, having taken her oath in June 2024. The ongoing legal contest over her removal and Barnes’ swearing-in remains fluid, with court decisions and political dynamics still unfolding.