High Court reserves Ncube, Tshabangu ruling

Yeukai Karengezeka

Court Correspondent

The legal battle between CCC acting president Prof Welshman Ncube and interim secretary-general Senator Sengezo Tshabangu over changes in the party’s office holders in Parliament continued in the High Court yesterday with Tshabangu’s legal team seeking to have the matter dropped.

Prof Welshman Ncube accuses Sen Tshabangu of unlawfully effecting changes, including the dismissal from Parliamentary posts of party legislators earlier this month, in a move he claims violates the party’s constitutional processes.

The urgent application before the High Court seeks to forbid the Speaker of the National Assembly, Advocate Jacob Mudenda, from implementing the changes made by Sen Tshabangu.

Lawyers for Sen Tshabangu note that the Speaker does not have discretion and that the changes have already been made. The Tshabangu team wants the matter dropped from the High Court and then resubmitted to the Constitutional Court if Prof Ncube wishes to continue.

High Court Judge Justice Neville Wamambo yesterday reserved judgment as to whether the lawsuit can proceed to substantive issues.

Among the five CCC legislators dropped from formal Parliamentary posts through Sen Tshabangu’s changes was Chikanga MP Lynette Karenyi-Kore, who served as the Leader of the Opposition in Parliament, but was replaced by Sunningdale MP Maureen Kademaunga.

Represented by Adv Lewis Uriri and Nqobani Sithole, Tshabangu’s legal team argued that the case brought before the High Court lacks a legal standing and falls outside the court’s jurisdiction. They contended that the matter is constitutional in nature and should be heard by the Constitutional Court.

Adv Uriri argued that the application was improperly brought before the High Court under the guise of urgency, despite the matter being moot.

“There are no special circumstances warranting the matter to be placed before this court. The certificate of urgency itself acknowledges, at page 12, paragraph 15, that the matter is moot,” Adv Uriri said.

He further explained that CCC became aware of the issue on December 16, by which time Parliament had already acted on the changes.

“The juristic act had already taken place. All the Speaker of Parliament does is to inform them that changes have been made. They cannot interrupt what has already been done. This is a constitutional question, not a matter for the High Court.”

Prof Ncube’s lawyer Advocate Method Ndlovu maintained that the Speaker acted unlawfully by endorsing Tshabangu’s letter, while a legal battle over his rise to the position of secretary-general was still pending.

“He (Tshabangu) cannot just wake up and pen a letter, and the Speaker acts on it. What he did violates the constitution.”

Among those affected by the reshuffles were Marondera Central MP Caston Matewu, who was replaced by Zivai Mhetu as chairperson of the committee on Media, Information, and Broadcasting Services, Minenhle Ntandoyenkosi Gumede, who was replaced by Thokozani Khupe as chairperson of thecommittee on Higher and Tertiary Education, Innovation, Science, and Technology.

Sithabisiwe Moyo, who was replaced by Senator Maxwell Mdhluri as chairperson of the Thematic Committee on Indigenisation and Takudzwa Ngadziore who was replaced by Richard Tsvangirai as deputy chairperson of the Youth Caucus.