The High Court has ruled in favour of Sengezo Tshabangu, declaring his expulsion from the Citizens Coalition for Change (CCC) unlawful, and strongly criticising the party’s internal disciplinary process as flawed and conducted without due legal care.
Tshabangu was expelled by the CCC, led by Professor Welshman Ncube, following a disciplinary hearing on February 12, 2025.
The hearing found him guilty of violating the party’s constitution and disrespecting its leadership.
However in a judgment handed down by Judge President, Mary Zimba Dube, on April 11,2025, the court found that the CCC party’s internal leadership structures, which orchestrated Tshabangu’s dismissal, had no legal authority to do so as their terms of office had expired in May 2024 and had not been renewed.
“In addition, he asserted that the appointment of the first to fourth respondents to the National Disciplinary Committee was done ultra vires the disciplinary code of conduct and regulations of the party, the code, is unlawful and irregular, their terms of office having expired,” read the ruling.
“(Tshabangu) posited that as the interim Secretary of the party, he has no knowledge of the appointment of the first to fourth respondents to the disciplinary committee and never generated the notice or sanctioned it. He challenged the authority of Welshman Ncube to appoint the disciplinary committee arguing that he is rotating by himself as Acting President contrary to the provisions of the constitution.”
As such, the disciplinary process, the judge ruled, was “null and void and liable to be set aside.”
“In this court application, the applicant approached the court seeking relief on an urgent basis for a declaration that the CCC Party’s office bearers and main organs elected on 26 May 2019 expired on 27 May 2024 and that the decision made by the disciplinary committee constituted of office bearers whose tenure of office had expired to expel him from the party is null and void liable to be set aside,” ruled Justice Dube.
“The declaratur was brought in terms of s14 of the High Court Act (Chapter 7:06) as read with rule 59(6) of the High Court Rules, 2021. In the alternative, he sought it to be declared that the appointment of the disciplinary committee, its members and conduct of disciplinary proceedings that led to his expulsion is ultra vires the disciplinary code of conduct of the party. After hearing the parties, I allowed the application on the basis of a preliminary point raised by the applicant.”
Justice Dube added that the matter was treated as unopposed after CCC failed to file proper legal papers to challenge the application.
The judge said CCC’s attempt to oppose the matter was “clumsy and done without due care,” highlighting procedural missteps, including filing the opposition a day out of time and using an affidavit signed by a person who lacked authority.
“The respondent failed to file its notice of opposition together with the opposing affidavit as envisaged by r59(7) of the High Court Rules 2021,” he said.
“In addition, the notice of opposition and opposing affidavit was filed a day out of time in violation of the case management order issued by the court, which stipulated that the notice of opposition was to be filed by 5 March 2025 and that the effect of which is to render the application unopposed.”
Tshabangu, who identifies as the interim secretary general of the CCC and leader of the opposition in Parliament, had been expelled from the party through a disciplinary process he said was orchestrated by people with no legal standing to do so.
He brought the matter against CCC Chairperson of the National Disciplinary Committee Sesel Zvidzayi, along with Concilia Chinanzvavana, Gilbert Kagodora, and Shepherd Mushonga, who served as committee members. The fifth respondent was the CCC party itself.
Tshabangu told the court that these officials were elected at the Gweru Congress in May 2019, and their terms expired in May 2024.
“No elections for new office bearers having been held, any office bearer elected at the Gweru Congress who continues to hold office does so unlawfully,” he argued, citing the party’s constitution.
The judge agreed, declaring that “any decisions made, or actions taken by any officer bearer or organ since 27 May 2024, are deemed to have no legal force or effect and are hereby declared null and void.”
Justice Dube also dismissed claims by the respondents that Tshabangu lacked legal standing due to unpaid subscriptions or that he had failed to exhaust internal remedies, noting that these arguments were unsubstantiated.
Crucially, the judge’s ruling may indicate Prof Ncube is not the legitimate leader of the CCC since his term expired and in her order, said:
“The term of office of the first to fourth respondents and main organs elected on 26 May 2019 at the Gweru Congress, save for its Parliamentary Caucus and Local Government Caucus as set out in Article 6 of its Constitution2. expired on 27 May 2024 and held office unlawfully and in breach of article 6.2.2 as read with Article 6.3.3(g) of the Party’s Constitution.”
Tshabangu argued he only learnt of his suspension via a social media notice dated 9 January 2025, supposedly issued by the Acting President’s office.
He later received a letter and a disciplinary hearing notice which he said lacked proper charges and violated procedural fairness.
Tshabangu also challenged the venue of the hearing. a private residence and the failure of the disciplinary committee to rule on his procedural objections.
The court noted these actions breached both natural justice and the party’s own disciplinary code.
Justice Dube declared the entire process “null and void and set aside,” ordering CCC to pay the costs of the suit.
“1st, 2nd, 3rd, and 4th respondents be and are hereby ordered to pay the costs of this application, on an attorney’s and client’s scale, one paying, the other to be absolved,” reads the ruling.