The High Court has upheld an application by opposition Citizens Coalition for Change (CCC) party interim secretary general, Sengezo Tshabangu barring recalled parliamentarians and councillors from contesting next month’s by-election under the party’s banner.

Tshabangu recalled scores of CCC parliamentarians and councillors last year, prompting by-elections to fill seats left vacant.

The first batch of the by-elections was held in December, and another is scheduled on February 3.

Justice Pisirayi Kwenda granted the declaration that Tshabangu sought confirming that the Nomination Court erred in accepting the nomination papers of three ex-MPs and 20 councillors for the by-elections.

He said the 23 should not be allowed to contest the by-elections under the banner of the opposition party’s banner, because they had ceased, by virtual of the recall, to be members of the CCC.

Spokesperson for the affected MPs and councillors, Obey Shava argued that Tshabangu’s CCC faction was different from the ‘original CCC’ that he represented, but this failed to sway the court.

“We have come in and said that Mr Tshabangu’s CCC is an organisation which is alien to us, which is unknown to the genuine CCC which has sponsored the candidates in parliament and in council, that was the basis upon which we were opposing his application,” Shava briefly said to the media outside the court.

“Everything was up for grabs in court, everything was hotly contested, from the name CCC itself, including the head of the president, Nelson Chamisa, everything was contested.”

But the High Court maintained the recalled CCC MPs and councillors cannot be on the ballot for the by-elections under the party’s banner.

Reacting to the ruling, Shava said: “When you come to court you expect two possible outcomes, the judge might find in favour or in the favour of the other party and in this instance the court did not find in our favour so we are going back to the people who have sent us.”

New Ziana