HIGH Court judge Neville Wamambo has ordered self-imposed Citizens Coalition for Change (CCC) interim secretary-general, Sengezo Tshabangu, to stop recalling the opposition party’s deployees in local government, Parliament and Senate.
Tshabangu was dragged to the High Court by a CCC faction led by Welshman Ncube after he removed the leader of the opposition in Parliament, chief whip and other portfolio committee chairpersons.
Ncube wanted Tshabangu stopped from redeploying and reshuffling the party’s representatives in Parliament.
Another CCC faction led by Jameson Timba joined Ncube in the court bid to reclaim the party from Tshabangu.
In December, Tshabangu removed the party’s deputy president, Lynette Karenyi-Kore, and Edwin Mushoriwa as the leader of the opposition and chief whip in Parliament, respectively.
He also reshuffled Parliamentary Portfolio Committee chairpersons.
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In his ruling, Justice Wamambo said Tshabangu was offside.
“. . . the respondent is interdicted from recalling or purporting to issue any letter of recall of any member of the National Assembly, Senate or local authority elected under the applicant or CCC ticket and the . . . respondents shall not effect any recalls made by the first respondent in that regard,” the judge ruled.
Tshabangu, Speaker of Parliament Jacob Mudenda and Nonhlanhla Mlotshwa are cited as respondents respectively in matter.
The CCC, Ncube, Karenyi-Kore, Sessel Zwidzai (CCC chairperson) and Mushoriwa (chief whip) are the applicants, respectively.
“The removal of third and fifth applicants from their membership of the Standing Rules and Orders Committee (SROC) in their ex officio and opposition chief whip in the National Assembly by the first and second respondent be and is hereby declared unlawful and ultra vires the Constitution of Zimbabwe,” Justice Wamambo ruled.
“The appointment of Nonhlanhla Mlotshwa as first applicants overall chief whip, a position which does not exist under s151(2) of the Constitution of Zimbabwe be and is hereby declared unlawful.
“The reshuffle and deployment by first respondent of various elected members of Parliament of the first applicant in the different portfolio committees that they were duly deployed to by the party is null and void.”
Tshabangu on Wednesday said he would appeal the ruling, arguing that it was unsustainable at law.
“The ruling is being appealed. Counsel has been instructed to prepare an appeal,” he reacted on social media.
“There are reasonable prospects that another court, a court of appeal will come to a different conclusion and set aside this judgment.”
Tshabangu snatched the CCC from its founding leader Nelson Chamisa after he emerged from nowhere declaring himself the secretary-general.
He went on to recall elected councillors and lawmakers, resulting in costly by-elections that saw Zanu PF regaining its parliamentary majority via the back door.