Court upholds CCC MPs’ recall from parliament in fight to stop Tshabangu

HARARE – A High Court judge has ruled that 14 Citizens Coalition for Change (CCC) Members of Parliament (MPs) and nine Senators, who were recently recalled from parliament, have failed in their legal challenge to overturn their expulsion.

The lawmakers had been recalled by Sengezo Tshabangu, an individual claiming authority within the party.

Justice Munamato Mutevedzi issued a 28-page judgement following a hearing on November 2, stating that the recalled MPs and Senators had failed to provide sufficient evidence to challenge Tshabangu’s authority.

The judge noted that the lawmakers failed to produce the CCC party constitution or any other document to substantiate their claims.

He further stated, “It was simply their word that he wasn’t (interim secretary general). That is not enough… They have not established their case on a balance of probabilities as required by law and are therefore not entitled to the declaratur they seek.”

Justice Mutevedzi criticized the lawmakers for not involving the CCC party itself in their legal challenge, asserting that they “cannot conflate the rights acquired through their individual membership in the party with the responsibilities which are reposed in the political party itself.”

The CCC lawmakers have the option to appeal the judgement, but the clock is ticking as President Emmerson Mnangagwa has gazetted by-elections to fill the vacant seats on December 9, with the nomination courts convening on November 7.

In a draft order accompanying their initial application, the CCC lawmakers had sought a declaration that their recalls were “illegal, null and void and of no force and effect.”

They also requested that the court declare them “still Members of Parliament duly elected as such on a CCC political party ticket” and sought an interdict against Tshabangu to prevent further recalls.

Responding to the ruling, the CCC issued a statement emphasizing that Tshabangu was not a CCC member and that the party, led by Nelson Chamisa, had not initiated any recalls of MPs or Senators.

The controversy surrounding the recalls and the court’s ruling underscores the political tensions and divisions within Zimbabwe’s opposition parties.