The judgment also invalidated the appointment of Nonhlanhla Mlotshwa as the party’s Chief Whip in Parliament, declaring it unlawful.

In a joint statement on Monday, Tshabangu and Mlotshwa explained that they withdrew their initial appeal due to a clerical error in the service address, which has now been corrected. The statement reads:

Senator Tshabangu and Senator Mlotshwa confirm that their previously served and filed notice of appeal in respect of Harare High Court case number 5606/24 was withdrawn, with the customary tendering of the wasted costs so occasioned.

Tshabangu’s new appeal argues that the lower court failed to recognize the constitutional nature of the matter, which falls outside its jurisdiction.

He says the court did not comply with the mandatory provisions of Rule 107 of the High Court Rules 2021.

Tshabangu contends that the judge misinterpreted Section 151 of the Constitution, ruling that members of the Parliamentary Committee on Standing Rules and Orders are appointed for the life of each Parliament.

He argues that Lynette Karenyi, Sesel Zwidzai, and Edwin Mushoriwa were not part of the committee’s original composition and were not entitled to hold the disputed positions.

Tshabangu asserts that the High Court wrongly concluded that his actions, along with those of the Speaker of Parliament, in reshuffling parliamentary positions amounted to a recall under Section 129(1)(k).

He said the court incorrectly determined that the position of Chief Whip is not recognized by law, making Mlotshwa’s appointment unlawful.

Tshabangu contends that these findings are erroneous and unsupported by the legal framework governing parliamentary appointments.