HARARE: In a resounding victory for democratic principles and the rule of law, Constance Chihota has been reinstated as Member of Parliament for Mashonaland East, following a High Court ruling that declared her recall null and void. The Zimbabwe Electoral Commission (ZEC) confirmed her return in a recent government gazette, effectively ending a tumultuous chapter in her political journey.
The court battle began after Chihota was controversially recalled from Parliament on 7 November 2023 by the Citizens Coalition for Change (CCC) party, a move she vehemently contested. She argued that the recall was unlawful and based on a fabricated claim of her resignation from the party, a claim she vehemently denied.
In a landmark judgment, Bulawayo High Court judge Christopher Dube-Banda sided with Chihota, declaring the recall “unlawful and set aside.” The judge found that Chihota had neither resigned nor lost her membership with the CCC in any way, rendering the recall decision null and void.
The court further ordered that the declaration of the Mashonaland East constituency seat as vacant be declared null and void, effectively reinstating Chihota as the rightful representative of the constituency.
Zimbabwe Electoral Commission chairperson Justice Priscilla Chigumba has since given a notification to the effect that the High Court had directed Ms Chihota’s reinstatement.
“The public is hereby notified that on 19th July 2024, the High Court of Zimbabwe handed down a judgment through the High Court Order HCBC 488/24 instructing Parliament to reinstate Hon. Constance Chihota as a Citizens Coalition for Change (CCC) party member of Parliament representing Mashonaland East Province. The Honourable member had been erroneously recalled by her sponsoring party on 7th November 2023. She is a member of the National Assembly by virtue of section 124(1)(b) and of the Constitution. The public is therefore informed that no vacancy exists among party-list members of the National Assembly following the said order,” reads the notice by Justice Chigumba.
The judge’s ruling was a direct rebuke to the actions of self-styled CCC interim secretary general Sengezo Tshabangu, who had orchestrated the recall with the assistance of the Central Intelligence Organisation (CIO) and the ruling Zanu PF party. Tshabangu’s actions were widely condemned as a blatant attempt to undermine the CCC and its elected representatives.
Chihota’s legal team, led by Khulekani Sibanda of Mathonsi Law Chambers, presented a compelling case, highlighting the lack of evidence to support the recall. Tshabangu, represented by Nqobani Sithole, admitted in court that the recall was “made in error,” further strengthening Chihota’s claim.
“His (Tshabangu’s) acts regarding my status in parliament were null and void with no factual or legal basis. Nothing much needs to detain the resolution of my matter,” Chihota stated in her court application.
