CCC reignites Tshabangu fight after court setback, reassures MPs

By Auther Chimbgwa

The Citizens Coalition for Change (CCC) has instructed its lawyers to file “valid opposing papers” in attempts to restore its earlier challenge to claims by controversial politician Sengezo Tshabangu his recent expulsion from the opposition party was illegal.

In a statement on Thursday, the Welshman Ncube-led party also called on MPs to “remain focussed” on party objectives in parliament as it toils to get rid of the meddlesome politician who has caused panic among legislators through summary recalls of their colleagues.

Also read: Tshabangu expelled from CCC after disciplinary hearing

Party spokesperson Willias Madzimure vowed the party fight Tshabangu’s “machinations to highjack the party and make it a personal toy to the bitter end in and outside courts”.

Tshabangu, a Matabeleland North senator who styles himself as CCC interim secretary general, successfully challenged his expulsion from the party claiming, among other reasons, that the term of office of the party’s disciplinary committee that found him guilty had long lapsed.

Following his court challenge, a High Court judge annulled his expulsion after leaning with his argument.

High Court judge Dube recently ruled in favour of Tshabangu, and the CCC said the judgement was unappealable to the Supreme Court since it was a default judgement.

Also read: Tshabangu reprieve as judge blocks CCC bid to recall politician

However, in a fresh bid to get rid of the politician, CCC has instructed its lawyers to apply for its recession and for condonation and extension of time within which to file opposing papers.

“While we disagree with the conclusion that there was no proof before the court that the President was authorised to represent the party in the litigation, given that the correct resolution was before the court by incorporation of the other cases in which it was filed, we fully respect the judgement and hence have instructed our lawyers to apply for its recession and for condonation and extension of time within which to file valid opposing papers,” Madzimure said.

He added, “The judgement was arrived at by holding that our opposition to Tshabangu’s application was improperly before the court because of two errors which we wrongly referred to CCC as the 1st Applicant instead of the 5th Respondent in the one paragraph in which we were saying the President is authorised to represent the party and the second of which was failure to attach the correct resolution of the National Executive authorizing the President to represent the party in legal proceedings.

“As a result of these, the judge President found that the opposing papers were improperly before the court and were invalid and as such, the Tshabangu application was unopposed.”

The CCC spokesperson further said that while the party disagreed with the conclusion that there was no proof before the court that Ncube was authorised to represent the party in the litigation “given that the correct resolution was before the court by incorporation of the other cases in which it was filed”.

Madzimure said CCC fully respected the court judgement and has instructed its lawyers to apply for its recession and for condonation and extension of time within which to file opposing papers.

“In this regard, the leadership assures the party members that the party will oppose Tshabangu’s machinations to highjack the party and make it a personal toy to the bitter end in and outside courts,” he said.

Tshabangu, in winning the case, had argued that the CCC party leadership was unlawfully in office.

The tenure of office by law, added Madzimure, of elected office bearers was not terminated by the effluxion of time but by subsequent election that were held for new office bearers.

“We believe that the law of the country is clear. The term of office of the current leadership will expire at congress which is to be held within the next few months, when a new leadership of the party will be elected. This is the law of the country by which the High Court is bound,” Madzimure said.

Tshabangu, Madzimure added, will still have to face his day in court and take to the witness stand to answer questions as to how and when he became the secretary general of the CCC.

“Accordingly, our members of parliament should remain focussed on amplifying our voices in Parliament in the fight against corruption and poverty without being distracted by the machinations of charlatans,” said the CCC spokesperson.