The Supreme Court of Appeal upholds the party's 2023 Elective National Conference, paving the way for potential reconciliation and renewed focus on local elections. In Picture: National Freedom Party President Ivan Barnes
Image: Independent Media Archives
Political analyst Professor Siphamandla Zondi stated that the outcome at the Supreme Court of Appeal on Friday was beneficial for the current leadership of the National Freedom Party (NFP) under Ivan Barnes.
The court decision affirmed the election of Barnes and his team as the legitimate leadership of the party. This ruling marks a decisive moment in the ongoing internal conflicts within the NFP's structures.
The legal challenge to Barnes' leadership was initiated by party member Nhlanhla Thwala. Thwala and his faction of supporters sought to declare the December 2023 conference that appointed Barnes to the NFP's top position, along with decisions and the election of office bearers, as unlawful and invalid.
However, in a resounding judgment, the court supported the view that the conference was conducted in accordance with the party’s constitution. This upheld the outcomes of the event and reinforced the authority of the NFP's elected national executive committee (NEC).
Zondi remarked that the verdict provided a fair chance for the party's leadership to consolidate and strengthen ahead of the 2026 local government elections. “It settles the battles for leadership, at least for now. The only option the challengers have is to challenge some constitutional matter related to the ruling. However, there is no obvious constitutional matter that might raise the prospect of success if they refer the matter to the Constitutional Court,” he added.
He hopes that the NFP will use this opportunity to engage its structures on the ground and rebuild. “They should focus more strongly on their positioning in this congested political field, where everyone must decide how they participate in different coalitions.
"This clarity will help them understand exactly what they are fighting for, how they are going to fight for it, and the means they will use to do so.
“It rests upon Ivan Barnes to reach out to the disgruntled members of the NFP.
"This outreach is essential for presenting a united front and finding a political compromise to accommodate those who may feel discontented,” Zondi stated.
Following the ruling, tensions within the party remain palpable. Thabani Khumalo and Siphokazi Zuku, both supporters of former secretary-general Nhlanhla Thwala, have filed for leave to appeal.
They argued that there may be grounds for a different ruling in another court, despite the absence of support from other initial challengers such as Simon Mlangeni, Felicia Msomi, and Amos Mthethwa, who have been at the forefront of the legal disputes since the onset.
Barnes expressed satisfaction with the ruling, stating that it reinforces the legitimacy of the democratically elected NEC, which was mandated by party members from branches across the nation.
“Under this leadership, the NFP continues to drive the rebuilding, rebranding, and redirection of the organisation as a meaningful force for social and economic transformation.”
He also issued a stern warning to those attempting to sow discord within the party.
“No amount of funding, misinformation, or legal manoeuvring will succeed in undermining the will of our members or the legitimacy of their elected leadership.”
He views the ongoing legal challenges as delay tactics designed to frustrate the party’s renewal efforts. “We reaffirm our unwavering respect for the judiciary and caution against the misuse of courts as battlegrounds for internal political grievances,” he said.
Barnes extended an olive branch to disgruntled party members by inviting them to return to the NFP. He assured that pathways for reconciliation would be established through political dialogue anchored in the party’s constitution.
“The NFP remains committed to ethical leadership, clean and transparent governance, and fostering an environment that inspires confidence and attracts investment,” he concluded.
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