14 Recalled CCC Members Appeal To Supreme Court
The recalled Citizens Coalition for Change (CCC) members have approached the Supreme Court to overturn a High Court decision that dismissed their request to be reinstated.
The lawmakers were recalled by Sengezo Tshabangu, who claimed to be the party’s interim Secretary General, last month.
In dismissing the application, High Court Justice Munamato Mutevedzi said the CCC members’ application failed to prove that Tshabangu was an imposter.
CITE reported that the CCC members have gone to the Supreme Court to have their recall overturned.
The recalled MPs also filed their election nomination papers on Tuesday, 07 December, indicating they will run in the 09 December by-election.
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Meanwhile, Tshabangu, who also fielded parallel CCC candidates for the by-election, hinted at going to court to challenge the fielding of candidates he recalled.
In a Notice of Appeal dated 06 November 2023, the 14 recalled CCC MPs stated:
Take Notice that the Appellants, hereby appeal against the whole, final and definitive judgment of the High Court sitting at Harare (per Mutevedzi J) on the 4th of November 2023 under Judgment number HH601/23 and case number HCH6649/23 wherein the High Court dismissed an application for declaration of rights and consequential relief.
The recalled MPs cited Tshabangu as the first respondent, the Speaker of the National Assembly, Jacob Mudenda as the second respondent, and the Zimbabwe Electoral Commission (ZEC) as the third respondent.
The CCC members seek the following relief:
1. That the Appeal be allowed with costs to be borne by Tshabangu.
2. That the judgment of the court a quo be set aside and the following be substituted in place thereof:
a. The application succeeds with costs on a legal practitioner and own client scale against Tshabangu
b. It be declared that Tshabangu had no right or authority to write letters to the Speaker of the National Assembly, recalling the CCC members from the National Assembly.
c. It be declared that the recall of CCC MPs from the National Assembly by Tshabangu was illegal, null and void and of no force and effect.
d. The applicants be deemed to be still MPs duly elected as such on a CCC Political Party ticket.
e. Tshabangu and all those claiming or acting through him or on his behalf be and are hereby interdicted from interfering with the CCC members’ duties as MPs
f. Tshabangu be interdicted and restrained from effecting any further recalls.
In a post on X, CCC deputy spokesperson Gift Siziva said the effect of the appeal is that it suspends the decision of the High Court. He wrote:
We have noted an appeal in the Supreme Court against the High Court ruling on the fraudulent recall of the people’s representatives. The effect of the appeal is that it suspends the decision of the High Court.
Our position remains unchanged and unwavering. Sengeso Tshabangu is neither our member nor Interim Sec General because such a position does not exist in our movement.
More: Pindula News
