Fourteen Members of Parliament (MPs) and nine Senators from the Citizens Coalition for Change (CCC) party have been unsuccessful in their attempt to overturn their expulsion from parliament. They were recalled by Sengezo Tshabangu who claimed to be the party’s interim Secretary-General.
In a judgement issued this Saturday, Justice Munamato Mutevedzi stated that the recalled lawmakers failed to provide evidence to support their claim that Tshabangu did not have the authority to recall them. The judge ruled that the lawmakers did not meet the legal requirements to prove their case and made an error by not including the CCC party as a respondent in their application. Said the judge in a 28-page judgement which followed a hearing on November 2:
It was simply their word that he wasn’t (interim secretary general). That is not enough… The onus to prove entitlement to the declaratory orders sought was on the applicants. They did not even begin to discharge it. They have not established their case on a balance of probabilities as required by law and are therefore not entitled to the declaratur they seek.
The judge criticised the lawmakers for a serious mistake in their application. In sync with Sengezo Tshabangu’s lawyer Lewis Uriri, the judge said the CCC MPs failed to include the CCC party as a respondent, even though they claim to be members of the party. The judge stated that the lawmakers are simply members of the party and do not hold any administrative positions to dispute the claims made against them. The judge also expressed surprise that CCC leader Nelson Chamisa and the party itself did not appear in court. The judge emphasised that it is important for the political party to be involved in such cases, as individual members cannot independently prove or disprove party membership.
The CCC lawmakers have the option to appeal to the Supreme Court, but they have limited time as President Emmerson Mnangagwa has scheduled by-elections to fill the vacancies on December 9. The lawmakers had requested the court to declare their recalls as illegal and invalid. They also wanted the judge to affirm their status as Members of Parliament elected under the CCC party and to prevent further recalls by Tshabangu. The nomination courts are set to register candidates on November 7.
In a statement shortly after the ruling, the CCC said it was still studying the judgement. Said the party:
We have received the judgment of the High Court, and our lawyers are still studying it. We will provide a comprehensive statement regarding the same.
The party reiterated that Tshabangu is not a member of the CCC, and the party CCC which is led by President Nelson Chamisa has not initiated any recall of a Member of Parliament or Senate.