High Court finally BANS CCC self-styled Secretary-General Sengezo Tshabangu

Harare – The Harare High Court has barred self-styled Citizens Coalition for Change (CCC) secretary-general Sengezo Tshabangu from making changes to the party’s parliamentary leadership.

Justice Neville Wamambo ruled on Wednesday against Tshabangu’s actions, which involved removing MPs Karenyi Konye, Sessel Zvidzai, and Edwin Mushoriwa from the Committee on Standing Rules and Orders (CSRO) and appointing Nonhlanhla Mlotshwa as opposition chief whip.

The ruling followed an urgent application by CCC acting president Welshman Ncube, who argued that Tshabangu lacked the authority to make these changes and that his actions constituted back-door recalls, prohibited by a previous High Court judgment.

Justice Wamambo agreed with Ncube’s assessment, stating that the removal of MPs from the CSRO amounted to a recall, and that the position of opposition chief whip, as appointed by Tshabangu, is not recognised under Zimbabwe’s constitution.

In his judgment, Justice Wamambo stated: “Applicants place reliance on the Chitapi J judgment and interpret it to import that first respondent is effectively barred from recalling or purporting to issue any letter of recall. Further that the reshuffle in this case amounts to a recall ‘literally and at law.’ The argument by applicants is that the office bearers held office in the CSRO but no longer hold such office which amounts to a recall.

“I also find that the position of chief whip is not sanctioned by the constitution and is thus unlawful. I agree that removing members from the CSRO and replacing them with others amounts to a recall. Effectively, first respondent disobeyed the order rendered in HH 652/23. In the totality of the circumstances, I find that the application is meritorious and should be granted.”

The judge granted an interim order reversing Tshabangu’s changes, highlighting the illegality of his actions. Ncube had argued in court that there appeared to be collusion between Tshabangu and Speaker Jacob Mudenda, who implemented the changes despite the party’s objections. Ncube also criticised Tshabangu’s self-appointment as overall leader of the opposition in parliament, asserting that this action undermined the party’s internal hierarchy and compromised its organisational integrity.

Tshabangu’s actions follow a pattern of controversial decisions since the August 2023 elections. He initiated recalls, via letters to the Speaker and the local government minister, affecting over a hundred councillors and dozens of MPs and senators. This led to the CCC filing a court application (HC 6872/23) in October 2023, challenging Tshabangu’s authority to issue these recalls and the subsequent by-elections. That case is still pending.

Prior to this latest court challenge, the CCC obtained an order from Justice Tawanda Chitapi, interdicting Tshabangu from making any further recalls until the determination of the main matter concerning his authority to initiate recalls. The current application by Ncube relied heavily on this previous ruling. The High Court’s decision to uphold the earlier interdict and to rule against Tshabangu’s recent actions underscores the ongoing legal battle within the CCC and the questions surrounding Tshabangu’s authority and actions. The ruling reinforces the legal limitations on Tshabangu’s power and provides a significant victory for those challenging his actions within the party.