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OpenHigh Court Reserves Judgment In Ncube, Tshabangu Dispute
The High Court on Monday heard the case in which Welshman Ncube seeks to reverse changes in the CCC’s office holders in Parliament made by Sengezo Tshabangu. Tshabangu’s legal team is seeking to have the matter dropped.
Ncube claims to be CCC’s acting president, while Tshabangu claims to be the party’s interim secretary-general.
Ncube accuses Tshabangu of unlawfully making changes, including the dismissal of party legislators from Parliamentary posts earlier this month, which he claims violates the party’s constitutional processes.
The urgent application before the High Court seeks to bar the Speaker of the National Assembly, Jacob Mudenda, from implementing the changes made by Tshabangu.
Tshabangu’s lawyers argued 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 resubmitted to the Constitutional Court if Ncube wishes to continue.
According to The Herald, High Court Judge Justice Neville Wamambo on Monday reserved judgment on whether the lawsuit can proceed to substantive issues.
Among the five CCC legislators dropped from formal Parliamentary posts through 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.
Tshabangu’s lawyers, Lewis Uriri and Nqobani Sithole argued that the case brought before the High Court lacks 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.
Uriri argued that the application was improperly brought before the High Court under the guise of urgency, despite the matter being moot. He said:
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.
Method Ndlovu, representing Ncube, argued that the Speaker acted unlawfully by endorsing Tshabangu’s letter, given that a legal battle over Tshabangu’s rise to the position of secretary-general was still pending. He said:
He (Tshabangu) cannot just wake up and pen a letter, and the Speaker acts on it. What he did violates the Constitution.
Tshabangu replaced Marondera Central MP Caston Matewu with Zivai Mhetu as chairperson of the committee on Media, Information, and Broadcasting Services.
Minenhle Ntandoyenkosi Gumede was replaced by Thokozani Khupe as chairperson of the committee on Higher and Tertiary Education, Innovation, Science, and Technology.
Sithabisiwe Moyo, who was chairperson of the Thematic Committee on Indigenisation, was replaced by Maxwell Mdhluri.
Takudzwa Ngadziore was replaced by Richard Tsvangirai as deputy chairperson of the Youth Caucus.
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