Tshabangu files urgent court application to gain control of Byo party office

The Citizens Coalition for Change (CCC) and Sengezo Tshabangu posing as its Interim Secretary General have filed an urgent chamber application at the High Court in Bulawayo to recover the party’s Bulawayo offices.

The party office named the Gertrude Mthombeni House is situated at Number 41 Fort Street between Second and Third Avenue in Bulawayo.

This application follows closely on the heels of another court application by the MDC led by Douglas Mwonzora in early February to evict the CCC, with the party and its business arm Laphonic Enterprises (Pvt) Ltd cited as the plaintiffs.

In the summons, MDC ordered CCC’s eviction within seven days and said the opposition party must pay US$1 500 as damages caused to the building.

In the latest court application, CCC stated their office is where all provincial party documents are kept, party activities and programmes are conducted, noting Chamisa’s supporters forcibly took “control, occupation and possession” of the building and painted the whole offices and precast wall, which was “unlawful, prejudicial and amounts to spoliation.”

In his founding affidavit that accompanied the application, Tshabangu said following Chamisa’s resignation, there was an expectation to have been a “smooth handover takeover process” and such was being undertaken.

Tshabangu said when the repainting of the office occurred, he had travelled to Harare to deal with legal matters involving him and CCC at the High Court and was scheduled to meet Chamisa on either January 29 or 30, 2024.

“Part of the agenda of my meeting with the (Chamisa) was to discuss (his) consequences of his resignation and the need for a handover, takeover of all the party assets documents and any other relevant issues regarding the party. Unfortunately, we could not meet with the respondent on these days due to pressing commitments on both of us,” read the affidavit.

Tshabangu said to his surprise on January 30, 2024, around 11.30 am he saw a tweet on social media that the CCC provincial offices in Bulawayo had been repainted with a colour blue.

“This was significant because following Chamisa’s resignation from CCC there were undertones of him intending to launch a new political party with colour blue. I immediately made a phone call to CCC’s Bulawayo provincial leadership and sought clarity on the issue,” he said.

The provincial leadership confirmed to him that a group of “unknown people” about 25 to 30 people comprising both male and female, “besieged the CCC Bulawayo provincial offices claiming to have been sent by and furthering the interest of (Chamisa), forcibly took occupation, control and possession of the CCC offices.

Tshabangu said the “unknown people” made it clear that they were sent by Chamisa and put up his portrait on top of the gate.

“Further structural renovations and improvements were made to the gate on the doors, ceiling floors and windows. All this was done through force and without the (CCC)’s consent, which was in peaceful and undisturbed occupation possession and control of its premises,” read his affidavit. 

Tshabangu says when he came back to Bulawayo, he proceeded to the CCC offices but was denied entry and access by a group of young people who told him they were representing Chamisa.

“Despite advising them that (Chamisa) had resigned from being a member of (CCC) they denied me entry and access to the office and at times issued threats of violence against me and shouting obscenities,” he said.

“I realised that the CCC had been despoiled. I then instructed (CCC) legal practitioners to speedily finalise and file this urgent chamber application. I accordingly aver that the CCC has treated this matter with urgency in the circumstances.”