Citizens Coalition for Change (CCC) president Nelson Chamisa was yesterday challenged to depose an affidavit confirming his signature on a copy of the party’s constitution presented to the High Court.
Self-imposed CCC interim secretary-general Sengezo Tshabangu dismissed the constitution filed together with an affidavit by Jameson Timba, who is the bureau for administration in the opposition party.
Tshabangu, through his lawyers, Lewis Uriri and Nqobani Sithole, submitted that Timba’s averments would mislead the court, arguing that Chamisa was not supporting Timba’s decision to sue.
“Why does Mr Nelson Chamisa not depose to affidavits in judicial matters when averments are made about him. It is, either, the deponent is misleading the court, or Mr Nelson Chamisa is obfuscating.
“If it is true that Mr Nelson Chamisa acted in all the manners the deponent states, l ask at this stage, rhetorically, why does Mr Nelson Chamisa not depose to affidavits in judicial matters when averments are made about him and coming from him?
“It is, indeed, odd and highly irregular that the deponent has failed to file an affidavit of Mr Nelson Chamisa confirming that the signature appearing on the paper he says contains resolutions is that of Mr Neison Chamisa. This leaves the purported resolution from which he draws locus standi, with respect, as hearsay evidence.”
The CCC lawyers led by Obey Shava had submitted that the application was urgent, saying Tshabangu’s actions had prejudiced the party.
The party said it stood to suffer irreparable harm without any known recoverable mechanisms if Tshabangu continues with the recall of its legislators.
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“There is no other remedy apart from the present application for the interdict to stop the imminent violation of applicant’s rights by the first respondent (Tshabangu),” the CCC argued.
“Applicant has no other alternative remedy available to it apart from approaching this honourable court. Applicant cannot resort to self-help methods in trying to resolve this matter.”
But Tshabangu argued that Timba’s assertions meant there was another party which is not the CCC in Parliament.
Tshabangu reiterated his claim to be the party’s interim secretary-general, arguing that it was a universitas at common law established in terms of a written constitution.
He also submitted his own copy of the CCC constitution arguing that there was nobody referred to as the bureau of administration.
“There is also no organ or structure of the CCC, which l am interim secretary-general of which is referred to as Citizens’ National Assembly, much less which has the power and authority to authorise the deponent to represent it.
“Clearly, and it is respectfully so submitted, this CCC which the applicant refers to is another CCC other than the CCC that is in Parliament.
“l have the powers to, on behalf of CCC, and as a functionary of CCC as a juristic entity, sign letters of recall of person(s) who cease(s) to be a member(s) of the juristic entity called CCC.
“I do not have any powers to act in any way on behalf of the CCC which the deponent is referring to. On this basis, his application is, with respect, hopelessly.”
He also argued that he had no intention of recalling elected members who remained part of CCC.
“The intention is only to recall those who have ceased to be members of the CCC to which l am the interim secretary-general.
“In effecting the recalls, my signature is the signature of the juristic entity CCC in the judgment of the Honourable Mutevedzi J (‘Mutevedzi J’), which the deponent refers to, the court makes the same point,” Tshabangu said.
He submitted that Timba has not shown that he has the authority to bring the application on behalf of the CCC or whoever the applicant is.
High Court judge Justice Tawanda Chitapi reserved judgment.
