THE Nelson Chamisa-led Citizens Coalition for Change (CCC) yesterday suffered a major blow after the Supreme Court struck off the roll its appeal against the recall of its legislators.
The recalls were triggered by self-proclaimed CCC interim secretary-general Sengezo Tshabangu, who claimed the MPs had ceased to be party members.
Justices Susan Mavhangira, Lavender Makoni and Joseph Musakwa unanimously ruled that the appeal was fatally defective.
Tshabangu’s lawyer advocate Lewis Uriri had objected to the appeal saying the CCC failed to notify all parties to the High Court judgment after it was consolidated.
The court agreed with Uriri’s contention that all the parties from the court aquo should have been cited.
“The court is of the view that appeal is fatally defective. The notices of appeal failed to comply with rule 37(2) of the Supreme Court rules.
“Consequently, there are no valid appeals before this court. The preliminary issues raised have been upheld,” Justice Musakwa said.
The appeal was dismissed with costs.
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Initially, High Court judge Justice Munamato Mutevedzi had ruled in favour of Tshabangu saying the CCC members’ application failed to prove that Tshabangu was an imposter, paving the way for the sitting of the nomination court on November 7 and the proclamation of by-elections date, respectively.
