HARARE – High Court judge Neville Wamambo on Monday reserved his ruling in a matter in which self-styled Citizens Coalition for Change (CCC) interim secretary general Sengezo Tshabangu is being sued by faction leader Welshman Ncube for imposing some changes to the opposition’s structure in parliament.
Tshabangu, the self-appointed leader of the opposition in parliament, earlier this month made a raft of changes to the opposition’s deployees to the legislative house’s Standing Rules and Orders Committee (SROC).
The hawkish politician removed Lynette Karenyi-Kore, Sessel Zwidzai and Edwin Mushoriwa from their membership of the SROC and replaced them with his appointees.
Ncube, Karenyi-Kore, Zwidzai and Mushoriwa have now gone to court seeking a declaratory order that Tshabangu’s actions be declared unlawful and in breach of the constitution.
When the matter was heard on Monday, Method Ndlovu, representing CCC and Ncube, argued that Tshabangu could not be allowed to run affairs in their party as he wished.
“He cannot just wake up and pen a letter and the speaker acts. What he did leads to the violation of the constitution.
“The speaker simply endorsed but he does not involve himself in the political affairs of a political party.
“There are several letters which were written by the applicant, but they were ignored but he was so quick to act on the letter which was written by the second respondent,” Ndlovu argued.
On their part, Tshabangu’s lawyers, Lewis Uriri and Nqobani Sithole said the High Court had no jurisdiction to hear the matter.
Uriri submitted that the application was “moot because changes have already been made”.
“The significance of the mootness was never lost. They became aware of their problem on December 16, but they already knew that parliament had accepted that there would be changes.
“The juristic act had already taken place. All the speaker does is that I have to inform them that these changes have been made. They want to interrupt changes which have been made.
“What is the nature of the matter before the court? The application is not properly before the court; it is a constitutional question.
“Only the Constitutional Court can determine if Parliament has failed its constitutional mandate,” Uriri argued before judgement was reserved.
The applicants are also challenging the appointment of Nonhlanhla Mlotshwa as the CCC’s overall chief whip arguing that the position does not exist under section 151 (2) of the constitution.
They also want the Speaker of the National Assembly Jacob Mudenda barred from announcing such changes to the house.
Ncube said Tshabangu’s announcement was not in line with their internal procedures and he would be subjected to a disciplinary hearing.
Ncube also said there seemed to be a strong element of collusion between Tshabangu and the Speaker, “which is embarrassing.”
The CCC interim leader also said the redeployments constitute a recall as Tshabangu was removing certain members of parliament from their roles.
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 disrespecting the organisational integrity of the party.
Tshabangu, then an ordinary member of CCC, shot to prominence after general elections in August last year when he declared himself CCC interim secretary general, taking advantage of the party’s lack of formal structures.
There are claims his bold manoeuvres to recall dozens of CCC MPs loyal to former party leader Nelson Chamisa earlier were propped up by the Zanu PF-led government and the Central Intelligence Organisation keen on destabilising the opposition which has posed a constant threat to Zanu PF’s continued rule.
Zanu PF won most of the resultant by-elections as Tshabangu appointed himself a senator for Matabeleland North.
