The High Court on Wednesday reserved judgement in a case in which Sengezo Tshabangu is seeking the disqualification of CCC MPs and senators he recalled from participating in the 09 December 2023 by-elections, reported ZimLive.
Tshabangu, who claims to be CCC’s interim secretary general, recalled 14 MPs from the National Assembly and eight senators in October, claiming that they had ceased to be CCC members.
The MPs would later lose two appeals filed with the High Court and the Supreme Court.
However, the MPs successfully filed their nomination papers for the by-elections under CCC which triggered the latest challenge by Tshabangu.
When the case was argued before Justice Never Katiyo in the High Court yesterday, Tshabangu’s lawyer Lewis Uriri said the MPs should be barred from contesting under the name of a party from which they were recalled. He said:
They were recalled and as a result, by-elections were called for.
We submit that ZEC should not have accepted nomination papers of recalled members without confirmation of their restoration to the party.
Tshabangu filed his application citing CCC as the first applicant.
The CCC led by Nelson Chamisa then sought to be joined in the proceedings.
Uriri insisted that the CCC (led by Chamisa) which joined the proceedings was bogus.
Alec Muchadehama, representing the recalled legislators, argued the High Court had no jurisdiction to hear the case. He said:
In our papers, we raise a number of preliminary issues and we still stand by them. This court has no jurisdiction to entertain this matter.
It is an electoral matter which ought to have been filed in the Electoral Court.
He also argued that Tshabangu’s request has been overtaken by events. Said Muchadehama:
Ballot papers have already been printed and sent to constituencies in readiness for the election.
All systems are now in place for the election to be heard. To take submissions already overtaken by events will be pointless.
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