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OpenTshabangu Appeals High Court Ruling On CCC Parliamentary Reshuffles
Sengezo Tshabangu has appealed to the Supreme Court in a bid to overturn a High Court ruling that blocked him from making changes to the Citizens Coalition for Change (CCC)’s parliamentary leadership, reported CITE.
Tshabangu, who claims to serve as the party’s interim secretary general, argues that the High Court misinterpreted his parliamentary reshuffles as recalls, which he contends they were not.
The ruling, which Tshabangu is challenging, was issued by High Court Judge Justice Neville Wamambo on January 8, 2025, in case HCH 5606/24. The court determined that Tshabangu lacked the authority to reassign Members of Parliament.
The decision followed an urgent application by CCC faction leader Welshman Ncube, who argued that Tshabangu’s actions were “unlawful and invalid.”
Justice Wamambo also referred to a prior High Court judgment by Justice Tawanda Chitapi in case HC 6872/23, which had previously invalidated Tshabangu’s recall actions.
In his Supreme Court filing made on January 9, 2025, by Ncube Attorneys Legal Practitioners, Tshabangu has asked for the High Court ruling to be set aside and replaced with a judgment striking the application off the roll with costs or, alternatively, dismissing it on jurisdictional grounds.
His appeal listed seven grounds of appeal, stating how the High Court erred by joining two parties named “Citizens Coalition for Change” as respondents but failing to address the implications of this duplication in its judgment.
Tshabangu said the court “misdirected itself in rendering a judgement that neither refers to nor speaks to such a joined party.”
Two, he said the “court erred in not finding, as it ought to have done, that the matter before it, as pleaded, was a constitutional matter in respect of which its jurisdiction was expressly excluded by section 167 of the Constitution.”
Three, he said Ncube’s application was defective due to non-compliance with Rule 107 of the High Court Rules 2021.
Four, Tshabangu noted the High Court misinterpreted Section 151 of the Constitution by asserting that individual members of the Committee on Standing Rules and Orders are appointed for the life of each Parliament.
Five, he said the High Court failed to acknowledge that the contested respondents were not part of the Committee’s initial appointment, making their positions invalid.
Six, Tshabangu argued the High Court wrongly equated his parliamentary leadership reshuffles with recalls as defined under section 129(1)(k) of the Constitution.
Seven, Tshabangu said the ruling incorrectly declared the position of Chief Whip unlawful and invalidated the appointment of the third respondent as the overall Chief Whip.
In his appeal, Tshabangu is seeking relief in the form of an order allowing the appeal, setting aside the High Court judgment, and dismissing the original application with costs.
Since the August 2023 harmonised elections, CCC has fragmented into three factions: one led by Tshabangu, another by Ncube, and a third composed of supporters of former party president Nelson Chamisa, led by Jameson Timba.
More: Pindula News