Brewing tensions in the government of provincial unity (GPU) in KwaZulu-Natal continue after a recent failed bid by the National Freedom Party (NFP) to remove its only member of the legislature, Mbali Shinga.
Shinga was instrumental in the MK Party’s failed bid to remove premier Thami Ntuli in a motion of no confidence when she abstained from the vote against her party’s wishes.
The NFP, thought to be the kingmaker, announced in October it was leaving the GPU to join the MK Party in its attempt to oust the provincial government.
However, the bid by former president Jacob Zuma’s MK Party and the EFF failed earlier this month.
This led to the NFP writing to KwaZulu-Natal legislature speaker Nontembeko Boyce, informing her that Shinga had been suspended from the party and was therefore not eligible to represent it in the legislature.
This was rejected by Boyce, who referred the party to section 106 (3) of the constitution, which states that a person loses membership of the legislature if that person ceases to be eligible to be a member of the legislature, is absent from the legislature without permission or ceases to be a member of the party that nominated that person as a member.
The ANC, which is part of the GPU, was quick to commend the speaker on Sunday.
It said the speaker emphasised that constitutional and legislative provisions must guide the removal of any elected representative and that Shinga had not violated any rules of the legislature.
“The speaker rightly emphasised that any actions concerning the removal of elected representatives must be guided by constitutional and legislative provisions, rather than internal party decisions.
“The ANC applauds the speaker’s commitment to uphold the doctrine of separation of powers, demonstrating that she values the legislature as an institution above party political interests. This approach not only strengthens the rule of law but also protects the integrity of our democratic processes.”
This could lead to internal bickering in the NFP between its leader, Ivan Barnes, and Shinga, who have disagreed on whether the party should stay in the GPU.
The ANC cautioned parties to resolve their internal matters independently, without involving the legislature.
“Issues in a party must not disrupt the functioning and integrity of our democratic institutions. The ANC reaffirms its dedication to the stability of the GPU in KwaZulu-Natal and urges parties to respect the processes and rules that safeguard our democracy. We stand behind the legislature’s decision and call upon political entities to prioritise the interests of the people of KwaZulu-Natal over narrow political considerations.”
Meanwhile, the MK Party’s members in the legislature are fighting back against the speaker’s decision to suspend MK members after the chaotic scenes at the motion of no confidence vote.
In a letter to the speaker, the party demanded that she withdraw the “illegal suspension” before 10am on December 31 or face legal action.
In the letter the party published, it said the sanctions were imposed without giving the affected members a hearing and in breach of the audi alteram partem rule.
The party accused Boyce of bias and breach of the nemo iudex rule of natural justice.
“The various steps set out in rules 61 to 66 were not complied with; for example, the speaker failed to name the affected members. There is no room for collective punishment of members in the rules. The speaker also failed to announce the suspensions within the two days specified in rule 63(1).
“There are no rational grounds for the inclusion or non-exclusion of certain members of the legislature, including those members of the ANC who acted violently against certain members of the MK Party. The speaker unreasonably refused to allow any debate on the method of voting before pronouncing on her preferred method, which was a clearly predetermined decision.
“The speaker is alleged to have called on members of the South African Police Service to enter the legislature in breach of the separation of powers doctrine. To add insult to injury, the speaker purported to conduct the voting process while the members of SAPS were still in the house. No opportunity was given for any mitigation of the sanction nor for the lodgement of any appeals or reviews thereof. The speaker acted in violation of her duties as specified in the standing rules,” the letter stated.
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