ZANU-PF, the ruling party, has entered the legal proceedings concerning the recall of main opposition MPs and senators by self-imposed CCC Secretary General Sengezo Tshabangu.
The recalled lawmakers from the Citizens Coalition for Change (CCC) argue that Tshabangu is an imposter and lacks the authority to recall them.
This legal dispute has been ongoing since last year, with the initial attempts by the recalled opposition legislators to be reinstated proving unsuccessful.
In the latest development, the ZANU-PF Chairperson for Kaguvi District, Ward 14 in Mkomba North, Midlands province, has filed an application at the High Court to prevent recalled MP Amos Chibaya from participating in the upcoming by-elections scheduled for February 3.
This application mirrors that of Tshabangu, who recently filed an urgent application at the High Court to prevent the 23 candidates recalled by him in November from using the party’s name in the upcoming by-elections.
Tshabangu maintains that the recalled lawmakers should not contest under the CCC banner.
Both cases are set to be heard by High Court Judge Justice Pisirayi Kwenda this Thursday.
Originally, the hearing was scheduled for Wednesday but was postponed after the CCC, led by Nelson Chamisa, sought to be joined to the proceedings.
The parties involved also agreed that the applications should be heard simultaneously due to their similarities.
Obey Shava, representing the recalled lawmakers, stated, “We had returned to court for argument in a matter in which Mr Tshabangu is seeking to have members of Parliament and Council, who were participating on a CCC ticket barred from contesting.
“Unfortunately the matter could not proceed because apparently there is a similar matter involving Amos Chibaya and others which was before a separate judge which was dealing with the same issues which we are dealing with.
“So the decision was made that the matters be heard simultaneously. In the meanwhile, the parties have been given some time to file all their outstanding papers and prepare their arguments in advance.”
The High Court is also expected to deliver its judgment on a separate matter in which MPs and councillors have challenged the legality of their recalls from Parliament.
Shava added, “That judgment is due tomorrow (Thursday) at 11 am and that judgment will likely have an effect on the determination of the matter that will be heard on Thursday.”
