News / Local
CCC recall case judgment set for next week
03 Nov 2023 at 01:36hrs | Views
The High Court is scheduled to issue its verdict prior to the nomination day next week in the case filed by 14 CCC legislators who are contesting their recall from Parliament by their interim party secretary general, Sengezo Tshabangu.
Recently, Mr. Tshabangu took on the role of CCC interim secretary general and promptly recalled these 14 legislators. The case brought forth by the 14 lawmakers, seeking a declaration that Mr. Tshabangu lacked the legal authority to effect their recall, was heard yesterday before High Court judge Justice Munamato Mutevedzi. The judge has reserved his judgment to review the arguments presented by the legal representatives of both parties, assuring that the judgment will be delivered before November 7. This is the date on which the Nomination Court is scheduled to convene to accept nomination papers for the upcoming by-elections next month.
The legislators who were recalled are seeking a court order that invalidates Mr. Tshabangu's ability to recall them from Parliament. In their petition, they challenge Mr. Tshabangu to substantiate his case and also contest the legal basis for their expulsion, asserting that he was not a member of the CCC.
The by-elections are slated for December 9 in nine constituencies that became vacant following the recall of CCC constituency MPs by their own party, as per President Mnangagwa's proclamation last month. In accordance with the Electoral Act, the President is obliged to call for by-elections when vacancies arise. November 7 is the date set by law for the Nomination Court to convene.
The CCC recalled 15 of its party legislators from Parliament, with nine of them elected through the first-past-the-post voting system and the remaining six elected under the proportional representation system for women's quota and senators. The by-elections will fill the nine constituency seats, while the CCC merely needs to present six names of its preferred supporters to the Zimbabwe Electoral Commission (ZEC) to occupy the proportional representation seats.
President Mnangagwa, in the by-elections proclamation, outlined the nine vacant constituencies as Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa. The President's decision to proclaim the by-elections was triggered by a notification from the Speaker of Parliament, received on October 9, indicating the vacancies in these constituencies. Consequently, the relevant sections of the Electoral Act mandated him to declare the by-elections.
On November 7, four nomination courts will sit at 10 am. Magistrate Court 5 in Tredgold Building, Leopold Takawira Avenue, Bulawayo, will receive nominations for Bulawayo South, Cowdray Park, Lobengula-Magwegwe, and Mpopoma-Mzilikazi constituencies. The Harare Magistrates Court on Abdel Gamal Nasser Road (Rotten Row) will accept nominations for Mabvuku-Tafara. Lupane Magistrates Court will be responsible for nominations in Lupane East and Binga North, while Gwanda Magistrates Court will handle nominations for Beitbridge West.
Recently, Mr. Tshabangu took on the role of CCC interim secretary general and promptly recalled these 14 legislators. The case brought forth by the 14 lawmakers, seeking a declaration that Mr. Tshabangu lacked the legal authority to effect their recall, was heard yesterday before High Court judge Justice Munamato Mutevedzi. The judge has reserved his judgment to review the arguments presented by the legal representatives of both parties, assuring that the judgment will be delivered before November 7. This is the date on which the Nomination Court is scheduled to convene to accept nomination papers for the upcoming by-elections next month.
The legislators who were recalled are seeking a court order that invalidates Mr. Tshabangu's ability to recall them from Parliament. In their petition, they challenge Mr. Tshabangu to substantiate his case and also contest the legal basis for their expulsion, asserting that he was not a member of the CCC.
The CCC recalled 15 of its party legislators from Parliament, with nine of them elected through the first-past-the-post voting system and the remaining six elected under the proportional representation system for women's quota and senators. The by-elections will fill the nine constituency seats, while the CCC merely needs to present six names of its preferred supporters to the Zimbabwe Electoral Commission (ZEC) to occupy the proportional representation seats.
President Mnangagwa, in the by-elections proclamation, outlined the nine vacant constituencies as Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa. The President's decision to proclaim the by-elections was triggered by a notification from the Speaker of Parliament, received on October 9, indicating the vacancies in these constituencies. Consequently, the relevant sections of the Electoral Act mandated him to declare the by-elections.
On November 7, four nomination courts will sit at 10 am. Magistrate Court 5 in Tredgold Building, Leopold Takawira Avenue, Bulawayo, will receive nominations for Bulawayo South, Cowdray Park, Lobengula-Magwegwe, and Mpopoma-Mzilikazi constituencies. The Harare Magistrates Court on Abdel Gamal Nasser Road (Rotten Row) will accept nominations for Mabvuku-Tafara. Lupane Magistrates Court will be responsible for nominations in Lupane East and Binga North, while Gwanda Magistrates Court will handle nominations for Beitbridge West.
Source - The Herald
