HARARE – Changes made to the Citizens Coalition for Change’s parliamentary leadership by Sengezo Tshabangu are in violation of the constitution and a valid court order, the party’s interim leader Welshman Ncube has told the High Court.
Tshabangu, styling himself as leader of the opposition in parliament, last week made a raft of changes to the CCC’s deployees to the Standing Rules and Orders Committee (SROC).
Lynette Karenyi Kore, Sesel Zwidzai and Edwin Mushoriwa were removed from their membership of the SROC and replaced by three other Tshabangu appointees.
Ncube, Kore, Zwidzai and Mushoriwa have now gone to court seeking a declaratory order that Tshabangu’s actions to remove the three lawmakers from their membership of the SROC be declared unlawful and in breach of the constitution.
They 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 challenged the reshuffle and redeployment of several elected MPs of their party by Tshabangu to different portfolio committees from which they were deployed by the CCC.
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.
“He acted without lawful authority at all in effecting the re-deployments. He was on a frolic of his own and what he did does not reflect the collective and correct position of the 1st applicant (CCC),” Ncube said in an affidavit accompanying the urgent court application.
“He is a non entity and it is surprising that the Speaker keeps entertaining him instead of the party.”
Ncube also said there seems 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.
“In fact, he is in contempt of an extant court order. Further, it will be absurd that he be allowed to effect reshuffles when there is an order that bars him from recalling. I can state with confidence that Tshabangu has effected recalls in the guise of redeployment in violation of a court order,” he argued.
He was making reference to a December 2023 High Court judgement by Justice Tawanda Chitapi in which he ruled that pending the determination of an earlier application by the CCC challenging Tshabangu’s authority to recall MPs, he was barred from effecting any further recalls.
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, seizing upon the party’s lack of formal structures. He was propped up by Zanu PF and the Central Intelligence Organisation as he went on to recall dozens of elected CCC representatives. Zanu PF won most of the resultant by-elections as Tshabangu appointed himself a senator for Matabeleland North.
