CCC legal disputes back in court 

Mashudu Netsianda-Bulawayo Bureau

THE High Court will on Monday hear a suit brought by acting CCC president Professor Welshman Ncube against the decision by interim CCC secretary-general Mr Sengezo Tshabangu to demote party Parliamentarians from leadership positions.

The squabble now sees Mr Tshabangu, in his opposing affidavit, arguing that Prof Ncube cannot bring the suit as he is no longer acting president of the party, his term having expired, and so has no legal standing.

Prof Ncube, through his law firm Mathonsi Ncube Law Chambers, last week filed an urgent chamber application at the Bulawayo High Court seeking an order nullifying Mr Tshabangu’s decision to fire Chikanga legislator and CCC leader of the opposition in Parliament Ms Lynette Karenyi-Kore and also removing Mr Edwin Mushoriwa from the post of chief whip. He replaced Parliamentary portfolio committee chairpersons with new ones.

In court papers, Prof Ncube sought an order barring Mr Tshabangu from making changes on CCC Parliamentary committee representatives, citing Mr Tshabangu, Speaker of the National Assembly Advocate Jacob Mudenda and Ms Nonhlanhla Mlotshwa, the new opposition chief whip, as respondents.

In the application, the CCC party, Prof Ncube, Ms Karenyi-Kore and Mr Mushoriwa want the court to stop Adv Mudenda from announcing the changes by Mr Tshabangu.

In his founding affidavit, Prof Ncube said Tshabangu had no authority to make changes in Parliament without resolution of CCC organs.

He contended that neither Mr Tshabangu nor Speaker Adv Mudenda has the authority to remove Mr Mushoriwa from his position as opposition chief whip in the National Assembly without a resolution of CCC organs.

 Mr Mushoriwa was appointed democratically as opposition chief whip by the CCC party following a formal resolution of the CCC Parliamentary caucus in a formal meeting recommending him for the post.

Prof Ncube said the recommendation was accepted and subsequently implemented by the party.

He challenged the appointment of Ms Mlotshwa as the chief whip of the opposition, arguing that the position does not exist under the National Constitution as well as the standing orders of Parliament.

“In appointing himself the overall leader of the opposition in Parliament, the first respondent (Tshabangu) has placed himself above his seniors in the hierarchy of the party thereby disrespecting the organisational integrity of the party,” he argued.

Prof Ncube stated that from the self-appointed, and non-existent position, Mr Tshabangu had waged a reign of terror against party members in Parliament by constantly threatening them with recalls despite an order by the High Court interdicting him from doing such recalls

The CCC has been plagued by internal divisions since its former leader, Mr Nelson Chamisa resigned from the party in January this year in protest following recalls of MPs aligned to his camp by Tshabangu. Prof Ncube was subsequently appointed leader of the CCC faction.

Mr Tshabangu, through his lawyer, Mr Nqobani Sithole of Ncube Attorneys, filed a notice of opposition saying Prof Ncube had no authority to represent or act on behalf of the CCC party.

“The second applicant (Prof Ncube) has not been able to demonstrate a real and substantial interest in the declaratory in his personal capacity, which is the first requirement for any person to bring a declaratory,” he argued.

“On that basis, the second applicant is non-suited and his affidavit must be struck off together with its annexures. As such, the entire application must be dismissed with costs.”

Mr Tshabangu further argued that the matter was not urgent as the urgency of the matter stem from Prof Ncube’s desire to stop the announcements of the changes, which were already effected earlier.

“In any event, the attempt to interdict the announcement is inconsequential and irrelevant as the announcement was meant for information purposes only. Moreover, the third respondent (Ms Mlotshwa) is and has always been the chief whip in the senate before the alleged changes and deployments,” he said.

“The so-called resolution authorising the party to bring this lawsuit does not speak to this issue at all. It is dated 23 January 2022 long before this legal dispute could have been envisaged, and at a time when Nelson Chamisa was president of the party.”

Mr Tshabangu also disputed Prof Ncube’s claim that he was the acting president of the CCC party.

“He was not appointed to act in that capacity in perpetuity by the party. In any event, his term of office and that of the entire executive along with him has expired,” he said.

“Wherefore, I pray that the points in limine and that on the merits of the urgent chamber application be dismissed with costs of suit on an attorney/client scale.”