The self-styled Interim Secretary General of the Citizens Coalition for Change (CCC), Sengezo Tshabangu, has said a court appeal filed by CCC MPs who are challenging their recall is ineffective without naming the political party they represent.
CITE reported that the Nelson Chamisa-led party is neither an applicant nor a respondent in the application filed by 14 of the recalled MPs who challenged their recalls in the High Court.
The applicants cited Tshabangu, who recalled them, the Speaker of the National Assembly, Jacob Mudenda, and the Zimbabwe Electoral Commission (ZEC) as respondents.
In his notice of opposition, Tshabangu said since the recalled MPs’ application suggests he is an imposter, they should have included the CCC political party or “at the very least” cite it as an accompanying co-applicant. He said:
The failure to cite the political party that has the responsibility to recall makes this application a non-starter and fatally defective and it ought to be dismissed.
Tshabangu argued that the recalled MPs’ application for declaratory relief is a disguised application for review of the Speaker’s decision to recall them including his office.
He said the recalled MPs are attempting to overturn the Speaker’s decision to recall them, “which cannot be reviewed at law.”
On the applicants’ claim that he is not a member of CCC, Tshabangu said:
The applicants have alleged the following: They have alleged that I am not a member of CCC but failed to attach the constitution or any other documents that speak to or prove whether I am a member or not and whether they are members or not.
By the same token, they have not attached the relevant documents showing that I am not the interim secretary general and whether or not this position exists or not.
Further, they have not attached their membership cards, or membership registers nor proffered any explanation for the absence of those.
In the absence of such, their pleadings fail to prove their case. This becomes a classic dispute of facts that cannot be resolved on the papers and should have been clearly foreseen by the applicants.
Tshabangu claimed he was “appointed along with others as a designated officer, and attaches documentation as ‘Annexure ST2’ to show that.”
He said the recalled MPs rely on letters allegedly authored by CCC President Nelson Chamisa purportedly representing the CCC, describing the letters as “hearsay evidence which is inadmissible as affidavits.”
Tshabangu argues, therefore, that the relief sought by the recalled MPs is “incompetent”. He said:
The relief sought fails to set aside the actions of the Party but rather seeks to set aside my actions, which actions and authority were derived from the Party.
In terms of Section 129(k) it is the party and only the party that can recall.
Without an order setting aside the actions of the Party or interdicting the Party an interdict against me or the Speaker and ZEC is incompetent and even if granted would be of no effect.
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