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The Bulawayo Division of the High Court has ruled in favour of Sengezo Tshabangu, representing a faction of the Citizens Coalition for Change (CCC).
The ruling grants an application to remove Nelson Chamisa and his alleged supporters from the CCC’s Bulawayo office.
According to <a href="https://cite.org.zw/court-orders-removal-of-chamisa-supporters-from-ccc-office/">CITE</a>’s report, High Court Judge Justice David Mangota ruled that although Nelson Chamisa was not physically in Bulawayo, he is unmistakably associated with those who forcefully occupied the CCC provincial party house located at Stand 41, Fort Street, between 2nd and 3rd Avenue. He said:
<blockquote>
Chamisa, in my view, did not have to be in Bulawayo to despoil the applicant of its property. The fact that he could have taken advantage of technological advancements which are currently awash the world over cannot, in the circumstances of the present case, be ruled out,” said the judge in his judgement issued on March 15, 2024.
(Chamisa) must have employed those to achieve his desired end-in view in so far as his despoiling of the applicant is concerned. The old English adage which states, ‘he who acts through another acts himself’ holds true insofar as this application is concerned.
</blockquote>
This comes after CCC filed an urgent court application arguing that Chamisa (former CCC leader), allegedly took control of CCC property through agents, assignees, proxies, or employees.
CCC alleged that supporters of Chamisa painted the property and its precast wall in blue and black colours and also displayed Chamisa’s portrait on the property.
Chamisa opposed the application. He distanced himself from those who “despoiled” the property.
He also stated that he hadn’t physically visited the property since resigning from CCC. Additionally, Chamisa denied involvement in any movement, grouping, or political party.
However, Justice Mangota, said neither Chamisa nor his alleged team denied that the walls of the property were repainted in blue and black. Said the judge:
<blockquote>
Chamisa, in fact, admits the existence of the blue and black colours which appear on the walls of the applicant’s property as depicted in the photographs.
</blockquote>
The judge agreed with CCC and Tshabangu that in despoiling the property, “the dispoliators were acting with, or from, the instructions of Chamisa.” Ruled Mangota:
<blockquote>
The applicant proved its case on a preponderance of probabilities. It is, in the premises, ordered that: 1. The application be and is hereby granted as prayed in the draft order. 2. Each party shall bear its own costs.
</blockquote>
Chamisa decided to leave the Citizens Coalition for Change (CCC) in January 2024.  He asserted that the CCC had been “contaminated” and “hijacked” by the government.
He also accused the ruling ZANU-PF party of being behind this move, alleging that they abused state institutions to undermine the original purpose and mandate of the CCC.
The party, according to Chamisa, had essentially been “criminally handed over” to ZANU-PF.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

High Court Orders Chamisa And His Supporters To Vacate CCC's Bulawayo Offices

The Bulawayo Division of the High Court has reserved judgement in a case involving CCC and Sengezo Tshabangu posing as its Interim Secretary General seeking spoliation damages from Nelson Chamisa.
As reported by <a href="https://cite.org.zw/high-court-reserves-judgement-in-tshabangu-and-chamisa-battle-over-ccc-party-offices/">CITE</a>, Tshabangu is suing Chamisa after the party’s office in Bulawayo, named the Gertrude Mthombeni House, was repainted from yellow to blue by youths allegedly aligned with the former CCC leader.
In its application, CCC claimed Chamisa’s supporters forcibly took “control, occupation and possession” of the building and painted the whole offices and precast wall, which was “unlawful, prejudicial and amounts to spoliation.”
The case was heard on Thursday before Bulawayo High Court Judge, Justice David Mangota, with Tshabangu represented by Nqobani Sithole and Chamisa represented by Obey Shava.
In his founding affidavit that accompanied CCC’s application, Tshabangu said following Chamisa’s resignation, there was an expectation to have been a “smooth handover takeover process” and such were being undertaken.”
He said a group of “unknown people” about 25 to 30, who allegedly made it clear that they were sent by Chamisa, forcibly took control of the office.
However, in his opposing affidavit, Chamisa reiterated that he is not currently part of any political organisation, claiming his image and name have been misappropriated by many people who have no connection to him.
He stated in his affidavit that he had “absolutely” nothing to do with the takeover of the offices.
Chamisa said that if Tshabangu, as the applicant, knew the people who had repainted the CCC party premises, he should sue them.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Reserves Judgement In CCC Factions' Battle For Party Offices

Former Citizens Coalition for Change (CCC) leader, Nelson Chamisa, has said he is not involved with any current political organisation or movement.
Since he resigned from CCC on 25 January 2024, Chamisa has not publicly stated his plans despite some of his key allies such as Amos Chibaya, Gift Siziba and Prince Dubeko Sibanda holding mini-rallies where he is eulogised.
Chamisa deposed an opposing affidavit at the Bulawayo High Court on 27 February 2024 in response to Sengezo Tshabangu, who, posing as the interim CCC Secretary General, filed an urgent chamber application in early February to recover the party’s provincial offices in Bulawayo.
Tshabangu argued that the CCC party offices had been seized by some youths who claimed to be Chamisa’s supporters after he resigned from the party on 25 January 2024.
Chamisa alleges that “many people” who have no connection to him misappropriated his name and image.
In the CCC’s urgent court application, Tshabangu stated that their office – the Gertrude Mthombeni House – situated at Number 41 Fort Street between Second and Third Avenue in Bulawayo is where all provincial party documents are kept, party activities and programmes are conducted.
Tshabangu stated that Chamisa’s supporters forcibly took “control, occupation, and possession” of the building and painted the whole office and precast wall in blue and black.
Blue is the colour associated with the so-called the Democratic Alternative in Zimbabwe movement allegedly led by Chamisa.
However, in his opposing affidavit filed at the Bulawayo Division of the High Court, Chamisa said:
<blockquote>
4.1. I deny all the allegations of fact and conclusions of law made in this application in their entirety. I did not despoil any person of any premises or offices anywhere in Zimbabwe and I have certainly not done so in Bulawayo. I have set of offices which are located in Harare. I am presently not with any movement, grouping political party. I did not direct, require, or encourage anyone to take over the premises which are referred to by the deponent to the founding affidavit as attributed to me. I resigned as the leader of the Applicant and since that resignation I have not physically been to Bulawayo. I completely have nothing to do with the Applicant.
4.2 If there is anyone in occupation the deponent to the founding affidavit knows who they are and that its not me. The Applicant must sue those people, if ever they exist, and instead of harassing me.
4.3 I submit that this application is a revolting abuse of Court process to grandstand and seek relevance by the deponent to the founding affidavit through dragging my name into this charade. The claims that I have despoiled the Applicant because some premises which I have no connection to have been painted blue and my face has been painted on the wall of the premises is completely bizarre. My image and name have been appropriated by many people who have no connection to me. In fact, the irony of the application is that since I resigned as the leader of the Citizens Coalition for Change, the Applicant and the deponent to the founding affidavit have continued to use my face on their preferred logo. I wish to reiterate that I have no special association with any colour, any political organisation or any movement.
4.4 The present application is a nuisance and a frivolity in the highest degree which seeks to drag the Court into the deponent’s tired and base political schemes. It is an egregious violation which has been concocted by the deponent to the founding affidavit and other similar minded persons. I believe that for this reason, the deponent to the founding affidavit must be made to pay my costs of suit de bonis propriis on the scale of legal practitioner and client.
WHEREFORE, I pray that the application be dismissed with my costs of suit being paid on the scale of legal practitioner and client by Sengezo Tshabangu.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Denies Association With Blue Colour Or Involvement With Any Political Movement

Chinhoyi Magistrate, Lisa Mutendereki, has ordered the Citizens’ Coalition for Change (CCC), to vacate a property in Chinhoyi to pave way for the MDC-T to take over.
Mutendereki granted the final order on Friday following a spoilation application by the MDC-T led by Douglas Mwonzora, who was also acting as the party’s lawyer during court proceedings.
Speaking in an interview with <a href="https://www.newzimbabwe.com/court-orders-chamisas-ccc-to-vacate-chinhoyi-property-mwonzora-now-targets-eviction-of-illegal-occupants/">NewZimbabwe.com</a> after the Friday hearing, Mwonzora expressed satisfaction over the ruling. He said:
<blockquote>
MDC sought to deal with two parties, that is CCC and Justin Munyaradzi. The political party occupied the property in Chinhoyi and the court ruled that they should vacate the property.
In other words, our application was allowed regarding CCC. Regarding the employee, Mr Justin Munyaradzi who is there (at the property), the court will make a ruling. We are going to file further submissions.
We are very happy about the way proceedings have gone, the CCC is going to be out of our office. We are now going to have to deal with one person.
</blockquote>
CCC lawyer, Agency Gumbo said there was a need to separate CCC and Munyaradzi. He said:
<blockquote>
What Mwonzora and MDC sought was to entangle CCC in their bid to evict people who are rightfully and lawfully at the said property.
We said you can’t seek to evict people using spoilation proceedings… what is clear is Mwonzora is trying to seek, through the back door, an eviction order for people who reside at the property, and that is what we have resisted and said is not competent at law.
</blockquote>
But Mwonzora argued that CCC wants to use Munyaradzi to have access to the building. He said:
<blockquote>
Munyaradzi doesn’t deny he is a member of the 1st (CCC) respondent. It is now common cause that CCC wrongfully and unlawfully occupied the property.
This court has given judgment against CCC, but he wants to hang on to the property so that 1st respondent can use the premises.
Munyaradzi accepted service on behalf of CCC confirming he is its agent. He argues he is holding on to property on instructions of a company called Lafolic Enterprises, but without proof of a lease agreement or contract of employment.
He argues that he is a caretaker and employee of Lafolic Enterprises. An employee cannot exercise the right of possession on behalf of the employer.
</blockquote>
The parties are expected to file further submissions on Monday while the ruling is set for 30 November 2022.

Court Orders CCC To Vacate Chinhoyi Property

CCC Bulawayo province has refuted a report claiming that former MDC-T deputy president Thokozani Khupe donated offices to the Nelson Chamisa-led opposition party.
Online media publication, Bulawayo24, reported that the party offices have since been painted yellow after the donation. It said:
<blockquote>
The office has since been changed from the former MDC red colours to the CCC yellow colours.
The late Morgan Tsvangirai deputy (Khupe) recently joined the CCC party and has been active in mobilising structures across Matabeleland.
CCC vice-president Professor Welshman Ncube was instrumental in recruiting Khupe to the party.
</blockquote>
However, speaking in an interview with NewsDay, CCC Bulawayo spokesperson Swithern Chirowodza said the Bulawayo offices were never owned by Khupe. Chirowodza said:
<blockquote>
To the best of our knowledge, the CCC Bulawayo party offices (Gertrude Mthombeni House) were never even for a mere second owned by Khupe. These are lies meant to spark divisions in the party.
These malicious and divisive reports are meant to spark tension and sully reputations to cause CCC Bulawayo to focus not on ZANU PF, but on internal fights.
The beautiful yellow facelift and refurbished front pavement are the voluntary work of pastor Obert Manduna and CCC Bulawayo Youth chairman Tinashe Kambarami.
This laudable work was completed on May 8, a day before the CCC Bulawayo provincial assembly meeting.
We should never miss an opportunity to thank all those loyal and steadfast comrades who held the fort when Douglas Mwonzora (MDC Alliance leader) and Khupe worked hard to capture the MDC-T, subvert the vote of Zimbabweans, seize the Political Parties Finance Act funds and impose their cronies in Parliament.
</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2022/06/ccc-bulawayo-dismisses-khupe-office-donation/">NewsDay</a></h4>

CCC Bulawayo Dismisses Khupe Office Donation Report

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