In response, Welshman Ncube, the leader of another CCC faction, has applied to be joined as a party to the proceedings, arguing that he has a real and substantial interest in the matter but was omitted from the initial application.

Meanwhile, Sengezo Tshabangu, the leader of a third CCC faction, has filed a notice of opposition challenging Ncube’s claim to be the acting president of the party.

Tshabangu argues that Ncube’s claims are baseless and not supported by any facts. His notice reads in part:

The deponent is not the acting president of the applicant. He has not attached any annexure to substantiate his averment.

It is trite that in motion proceedings, an applicant stands and falls on his or her pleadings of the facts of his or her case.

No facts have been pleaded generally, and specifically with reference to the first applicant’s constitution, same attached on page 101 if the Applicants application, to support the deponent’s averment that he is in fact the acting president of the applicant.

On the version of the deponent, and in particular paragraph 27, the deponent alleges that he became acting president on account of the resignation of the then president, Mr Nelson Chamisa.

He does not aver that there was an extraordinary Congress of the applicant as peremptorily required by the 1ts applicant’s constitution, and by law.

In the result, and again on his version, the deponent is not, and has never been the lawful acting president of the first applicant.

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