Court bars recalled CCC MPs from by-elections as crisis reach new low

HARARE – In a significant legal development, the High Court has issued a ruling barring 22 CCC legislators, recently recalled by the party’s interim secretary general Sengezo Tshabangu, from participating in the upcoming by-elections scheduled for Saturday.

The decision, handed down by Harare High Court Judge Justice Never Katiyo, comes in response to an urgent chamber application filed by Tshabangu, seeking the disqualification of the recalled CCC MPs and Senators.

Mr Tshabangu initiated the recall of 14 MPs and eight Senators in October, asserting that they had ceased to be CCC members.

Despite losing two appeals at the High Court and the Supreme Court, the recalled legislators successfully filed their nomination papers for the by-elections under Citizens Coalition for Change (CCC).

In response, Tshabangu challenged the Zimbabwe Electoral Commission’s decision to accept their candidatures.

In the court documents, the 22 recalled legislators, including prominent figures such as Prince Dubeko Sibanda, Nicola Jane Watson, and Helen Zivira, were cited as respondents, along with ZEC, CCC, and Justice, Legal, and Parliamentary Affairs Minister Ziyambi Ziyambi.

Justice Katiyo’s ruling explicitly stated, “It is ordered that the decision of the Nomination Court… on November 7, 2023, to accept the nomination papers and candidature of first to 22nd respondents for election in the by-elections set to be conducted on December 9, 2023, is unlawful, of no force and effect and hereby set aside.”

The judge continued, “The first to 22nd respondents are not candidates for election in the by-elections scheduled to be conducted on December 9, 2023.”

Restrictions and legal implications for CCC

Beyond disqualifying the recalled legislators from the by-elections, Justice Katiyo imposed additional restrictions.

ZEC and Minister Ziyambi were ordered not to include the names of the recalled MPs and Senators in the preparation of ballot papers.

Furthermore, the recalled legislators are barred from representing themselves as candidates through any form of media or public platform.

In conclusion, Justice Katiyo stated, “The first 22 respondents, and 25th respondent (CCC) shall jointly and severally pay the applicant’s cost on the ordinary scale.”

The ruling marks a significant turn of events in the ongoing internal conflicts within the CCC and sets a precedent for the legal standing of recalled legislators in election processes.

The 22 CCC MPs affected by High Court ruling:

1) Prince Dubeko Sibanda, 2) Bright Moyo, 3) Veliswe Nkomo, 4) Jasmine Toffa, 5) Sithabile Mlilo, 6) Pashor Raphael Sibanda, 7) Nicola Jane Watson, 8) Ereck Gono, 9) Evidence Sunungurai Zana, 10) Morgan Ncube, 11) Obert Manduna, 12) Janeth Dube, 13) Desmond Makaza, 14) Gideon Shoko, 15) Tendai Sibanda, 16) Anastasia Moyo, 17) Joel Gabuzza, 18) David Chimhini, 19) Siphiwe Ncube, 20) Felix Sibanda, 21) Zivira and 22) Mativenga Madzikana,