CCC legislators lose recall court case

Harare (New Ziana) – The High Court on Saturday threw out a case in which a group of opposition Citizens Coalition for Change (CCC) party legislators was contesting their recall from parliament, and seeking reinstatement.

The party, through its interim secretary general Sengezo Tshabangu, recalled 15 legislators from the lower house of parliament, and nine from the senate, on grounds they were no longer CCC members.

It accused the newly elected MPs of having contested the general elections in August on the party’s ticket fraudulently, hence their withdrawal from parliament, and dismissal from the party.

But the legislators, as a group, sought relief from the High Court, claiming Tshabangu was not a party member, let alone, held the position of secretary general in the CCC.

They claimed only party leader Nelson Chamisa had the power to withdraw them from parliament, and accused the legislature of acting, in cahoots with Tshabangu, to illegally push through the recalls.

But High Court judge, Justice Munamato Mutevedzi found the case defective, in the main, because the applicants did not provide evidence from the party that, indeed, it had not withdrawn them from parliament, or documentary CCC proof that Tshabangu was neither secretary general nor member of the party as they claimed.

The only evidence before the court, he ruled, was largely the word of the applicants against that of the defendents, principally Tshabangu. Justice Mutevedzi said in the absence of a party constitution, leadership and organisational structures, it was difficult to determine who wielded what powers, nor who held what position in the CCC.

The party has neither a constitution nor clear leadership and organisational structures, with only Chamisa holding a recognised position.

“Just like it is difficult, if not impossible, for a man to impugn the paternity of his brother without directly involving the parents, it is naive for a member of a political party to approach a court seeking to prove that another is a non-member of the same party without the
involvement of the political party itself,” Justice Mutevedzi said in his lengthy judgement.

“The applicants failed to produce their party constitution or any documents which showed that first respondent (Tshabangu) could possibly not have held the position he claimed he held. It was simply their word that he wasn’t. That is not enough,” he ruled.

The judgment throws the CCC deeper into crisis ahead of by-elections slated for December 9 to replace the recalled legislators.

It is likely to heighten the internal feuding, centred around Tshabangu and Chamisa, in the party, and possibly lead to a split.

New Ziana