National Freedom Party president Ivan Barnes. (National Freedom Party/ Facebook)
Renewed infighting has broken out among the National Freedom Party (NFP) leadership, which could destabilise the KwaZulu-Natal government of provincial unity in which the embattled party is a key player.
Late last month NFP president Ivan Barnes suspended secretary general Teddy Thwala for a second time, despite an interdict having been issued by the Pietermaritzburg high court in July over the initial attempt to remove a number of party leaders.
Thwala has retaliated by issuing letters of demand to Barnes and other NFP leaders who attended a meeting at which the decision to suspend him was taken and has given them notice of his intention to challenge its legality.
HIs lawyers have also put Barnes on terms over the attempt to suspend Thwala and have threatened to have the court enforce the existing order should the NFP president not withdraw the letter of suspension.
Factions led by Barnes and Thwala have been at loggerheads since the death of party founder Zanele Magwaza-Msibi in 2021. Infighting and financial instability saw the party narrowly avoid being kept off the ballot for the 29 May national and provincial elections.
The NFP survived and took a single seat in the 81 member KwaZulu-Natal legislature but was able to secure an MEC position for its sole member of the provincial legislature, Mbali Shinga, because of the balance of power in the province after the elections.
Its single seat gives the government of provincial unity consisting of itself, the Inkatha Freedom Party, the ANC and the Democratic Alliance control of the legislature and allowed them to elect Thami Ntuli as premier.
The NFP seat gives the provincial unity government a tiny — but effective — majority over the uMkhonto weSizwe party and the Economic Freedom Fighters, but its internal battles are a threat to the stability of the governance arrangement.
Late last month Barnes served Thwala with a notice of immediate “resuspension” on the ground that he had failed to attend three consecutive national executive committee meetings.
Barnes said Thwala had “colluded” with members of the NFP’s electoral committee to “fabricate” a report on the elections and was guilty of causing “havoc, destruction and instability” in the party.
Thwala had also taken the party to court and had tried to disband its democratically elected leadership, while at the same time attempting to “block the party from participating in the 2024 national and provincial elections”, Barnes said.
Barnes said the NFP national working committee had resolved to suspend him immediately over his behaviour, which was in violation of section 5.2 of the party’s constitution.
“You are therefore notified that the NFP, through the NWC resolution, hereby re-suspend you forthwith immediately pending the outcome of a thorough investigation in respect of the misconduct committed by yourself,” Barnes said in the letter, adding that a disciplinary hearing would then take place.
But Thwala wrote to Barnes last week reminding him of the court order, issued on 22 July this year, prohibiting him from suspending him, pending the final hearing on the matter on 19 September.
“I note that you elect to persist with the unlawful conduct which you were interdicted [not] to take. I will brief and instruct my attorneys to attend to this matter should you fail to retract the letter. I trust that it will not go that far,” Thwala wrote.
Thwala also wrote to NFP national chairperson Sibusiso Mkhabela and party structures informing them that the meeting which decided to suspend him was not lawfully constituted.
He demanded records of all meetings and decisions taken by the structure since the December 2023 elective conference.
Thwala and other NFP leaders are challenging the outcome of the conference, which was held to satisfy conditions for participation in the election imposed by the Electoral Commission of South Africa.
The NFP also faces potential liquidation by Ezulweni Investments over an unpaid R25 million debt it owes from the 2019 elections, and has also been taken to court by one of its former employees, Thembinkosi Ngcamu, for R1.2 million in unpaid wages.
In terms of a court order issued in May, the NFP has to pay Ngcamu for wages it owes him from June 2017 to February 2023. It also has to back pay his salary from March 2023 until May 2024.
At the time of writing, it had failed to do so.
Lawyers for Barnes have since responded to Thwala’s legal team, arguing that the court order did not apply to him as he was not one of the initial applicants in the matter.
Further, the order prevented the NFP from taking further disciplinary action against the applicants based on the letters of intention to suspend which had been issued at the time and did not apply to the new notice sent to Thwala.
They said that Thwala’s lawyers had misinterpreted the court order and should now “retract your stance and correctly advise your client.”
“We suggest your client focuses his energy on his defence in the upcoming disciplinary proceedings,” they wrote.
“We are ready to pounce in defence of any frivolous High Court Application that your litigious client may want to bring in abuse of court process. Your client is reminded that the party now has proper leadership and the time for confusion, division, disobedience and lawless conduct is over,” they concluded.
Barnes did not respond to calls and messages from the Mail & Guardian.
Thwala declined to comment.