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Tshabangu refiles appeal after clerical error amid CCC leadership dispute

The Citizens Coalition for Change (CCC), interim Secretary-General Sengezo Tshabangu has refiled his appeal in the Supreme Court after withdrawing it temporarily due to a clerical error in a latest twistย  in the ongoing leadership dispute within the opposition party.

The withdrawal initially sparked celebrations within the CCC faction led by Professor Welshman Ncube, who interpreted the move as a validation of the High Court judgment nullifying Tshabanguโ€™s authority.

The contested ruling, delivered by Justice Neville Wamambo on January 8, 2025, in case HCH 5606/24, declared that Tshabangu lacked the authority to reassign Members of Parliament (MPs) to various portfolio committees.

Tshabangu, alongside Senator Nonhlanhla Mlotshwa, clarified in a joint statement on January 20, 2025, that their notice of appeal was initially withdrawn due to an error in the service address. The error, they said, has since been corrected, and the appeal has been refiled.

โ€œSenator Tshabangu and Senator Mlotshwa confirm that their previously served and filed notice of appeal in respect of Harare High Court case number 5606/24 was withdrawn, with the customary tendering of the wasted costs so occasioned,โ€ read the statement.

โ€œThe previously served and filed appeal was withdrawn owing to a service address clerical error. The error has since been corrected. Consequently, the appeal was (re)served and (re)filed.โ€

The statement said the High Court judgment by Justice Wamambo has been appealed and is pending before the Supreme Court of Appeal.

โ€œThere are reasonable, if not definite prospects of success for the appeal,โ€ they said, noting their appeal has been refiled with their lawyers Ncube Attorneys filing a notice of renunciation at the Harare High Court on 20 January 2024.

The dispute extends beyond the reshuffling of MPs to Mlotshwaโ€™s controversial appointment as the CCCโ€™s overall Chief Whip. 

The High Court ruling, reaffirmed by the CCC faction aligned with Welshman Ncube, nullified her position as unlawful and of no force or effect while the Ncube-led faction of the CCC interpreted the initial withdrawal of the appeal as a significant legal victory. 

CCC National Spokesperson Willias Madzimure under the Ncube group stated that the High Court judgment had become operational, effectively annulling Tshabanguโ€™s actions.

โ€œThis development reaffirms the High Court’s decision, which has become fully operational,โ€ Madzimure said.

He outlined the implications of the ruling:

โ€œUnlawful Reshuffle: The reshuffle and deployment by Sengezo Tshabangu of various elected members of Parliament in the different portfolio committees that they were duly deployed to by the party is null and void and of no force or effect. Accordingly, all the reshuffled Chairpersons of Committees remain in office.โ€

โ€œUnlawful Removal: The removal of Hon Lynette Karenyi and Hon Edwin Mushoriwa from their membership of the SROC in their ex officio capacities as Leader of the Opposition in the National Assembly and Opposition Chief Whip in the National Assembly being unlawful and ultra vires the Constitution of Zimbabwe is null and void and accordingly the two remain in their positions.โ€ 

โ€œUnlawful Appointment: The appointment of Nonhlanhla Mlotshwa as overall Chief Whip is unlawful and a legal nullity and of no force or effect,โ€ said Madzimure. 

Madzimire had noted that the CCC filed an urgent chamber application to enforce the High Court judgment but withdrew it after Tshabangu and Mlotshwa served notice of their appeal withdrawal. 

โ€œThe High Court ordered Tshabangu and Mlotshwa to pay the wasted costs of the application. Advocate Method Ndlovu appeared on behalf of the CCC, while Advocate Lewis Uriri appeared on behalf of Tshabangu and Mlotshwa,โ€ he said.

Madzimure reiterated their stance: โ€œThe reshuffle and deployment by Tshabangu are null and void. All reshuffled Chairpersons of Committees remain in office, and the affected MPs retain their positions.โ€

However Tshabnagua and Mlotshwa said their appeal was going ahead as they had attended to the clerical issues which nullified the High Court ruling

โ€œTo put it simply, and for the avoidance of doubt, the judgment and the whole order of Wamambo J, has been appealed against and the appeal is pending before the Supreme Court of Appeal. And there are reasonable, if not definite prospects of success for the appeal,โ€ the duo said in their statement.

Analysts said looking at the above case, the leadership battle within the CCC remains far from resolved. 

โ€œThe case underscores the factional tensions within the party as it tries to navigate its role as Zimbabweโ€™s leading opposition movement under the eyes of a disappointed people and a happy ruling party,โ€said political commentator Bernard Magugu.

Lulu Brenda Harris

Lulu Brenda Harris is a seasoned senior news reporter at CITE. Harris writes on politics, migration, health, education, environment, conservation and sustainable development. Her work has helped keep the public informed, promoting accountability and transparency in Zimbabwe.

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