HARARE – Constance Chihota has been reinstated as Member of Parliament for Mashonaland East following a High Court order confirming that she was erroneously recalled.

The Zimbabwe Electoral Commission (ZEC) confirmed her re-instatatement in a recent government gazette.

ZEC chairperson Justice Priscilla Chigumba said in the notice: “The public is hereby notified that on 19th July, 2024, the High Court of Zimbabwe handed down a judgment through the High Court Order HCBC 488/24 instructing parliament to reinstate Hon. Constance Chihota as a Citizens Coalition for Change (CCC) party member of Parliament representing Mashonaland East province.

“The honourable member had been erroneously recalled by her sponsoring party on 7th November, 2023. She is a member of the National Assembly by virtue of section 124(1)(b) and of the constitution. The public is therefore informed that no vacancy exists among party-list members of the National Assembly following the said order.”

In a recent judgment, Bulawayo High Court judge Christopher Dube-Banda ruled that Chihota should assume her role as an MP.

Chihota had filed a court application seeking a declaratory order that the recall announcement by Speaker of Parliament Jacob Mudenda be declared null and void.

Self-styled CCC interim secretary general Sengezo Tshabangu, the CCC, the Speaker of Parliament and ZEC were cited as first, second, third and fourth respondents respectively in Chihota’s court application. Tshabangu admitted that Chihota’s recall was anomalous before an order was issued with consent from all the parties.

The High Court ordered: “The decision of first respondent (Tshabangu) to expel or arrive at the determination that applicant is no longer a member of the CCC be declared unlawful and is set aside. In that applicant has neither resigned nor has lost her membership with the CCC in any way.

“Consequently, the declaration of the constituency seat as vacant be declared null and void.

“It be and hereby declared that there is no vacancy for party list National Assembly seat in Mashonaland East constituency.”

The judge ordered that “there being no lawful encumbrance to the resumption of Chihota’s duties, Mudenda shall immediately admit her to parliament…”

Chihota was among dozens of lawmakers recalled by Sengezo Tshabangu, who imposed himself as secretary general of CCC with assistance from the Central Intelligence Organisation and the ruling Zanu PF.

In her court application, she said Tshabangu had admitted in letters to the Speaker of Parliament that her recall was “made in error.”

“His (Tshabangu’s) acts regarding my status in parliament were null and void with no factual or legal basis. Nothing much needs to detain the resolution of my matter,” she said.

Khulekani Sibanda of Mathonsi Law Chambers appeared for Chihota and Nqobani Sithole represented Tshabangu while ZEC had Tawanda Kanengoni as its lawyer and Andrew Demo appeared for the Speaker of Parliament.