HARARE – The High Court on Wednesday blocked self-styled Citizens Coalition for Change (CCC) secretary general Sengezo Tshabangu from making changes to the party’s parliamentary leadership.
The ruling came after an urgent application filed by CCC acting president Welshman Ncube, who argued that not only did Tshabangu not have authority to reassign MPs but he was in fact carrying out back-door recalls which he was barred from doing by an earlier High Court judgement.
Justice Neville Wamambo of the Harare High Court agreed with Ncube’s contention that Tshabangu’s decision to remove Karenyi Konye, Sessel Zvidzai and Edwin Mushoriwa from the parliamentary Committee on Standing Rules and Orders (CSRO) amounted to recalls.
The judge also said the position of opposition chief whip to which Nonhlanhla Mlotshwa was appointed by Tshabangu did not exist under Zimbabwe’s constitution.
Ncube told the High Court that there seemed to be a strong element of collusion between Tshabangu and the Speaker Jacob Mudenda who readily implemented the changes, ignoring the party’s pleas.
Ncube also said in appointing himself overall leader of the opposition in parliament, Tshabangu had placed himself above his seniors in the hierarchy of the party thereby compromising the organisational integrity of the party.
Justice Wamambo granted an interim order sought by Ncube, reversing the changes announced by Tshabangu last month.
The judge ruled: “Applicants place reliance on the Chitapi J judgment and interpret it to import that first respondent is effectively barred from recalling or purporting to issue any letter of recall.
“Further that the reshuffle in this case amounts to a recall ‘literally and at law.’
“The argument by applicants is that the office bearers held office in the CSRO but no longer hold such office which amounts to a recall. I also find that the position of chief whip is not sanctioned by the constitution and is thus unlawful.
“I agree that removing members from the CSRO and replacing them with others amounts to a recall. Effectively, first respondent disobeyed the order rendered in HH 652/23.
“In the totality of the circumstances, I find that the application is meritorious and should be granted.”
Tshabangu, styling himself as CCC secretary general, wreaked havoc on the party after elections in August 2023 when he began recalling – through letters to the Speaker and local government minister – over a hundred councillors and dozens of MPs and senators.
The CCC filed a court application under case number HC 6872/23 in October 2023 arguing that Tshabangu was a masquerade who had no authority to make the recalls which subsequently led to by-elections. That case is pending.
The CCC then obtained an order granted by Justice Tawanda Chitapi interdicting Tshabangu from making any further recalls until the determination of the main matter on whether he had a legal basis to initiate the recalls in the first place. It is this order on which the present application by Ncube hinged.
