News / Local
Tshabangu's lawyer mocks recalled CCC MPs' legal team for 'fatal' errors
03 Nov 2023 at 07:26hrs | Views
According to Sengezo Tshabangu's attorney, the lawyers representing the recalled CCC MPs have committed serious legal errors in their challenge. They initially erred by naming the Speaker and Senate president as respondents and by taking their case to the High Court instead of the Constitutional Court.
Advocate Lewis Uriri, while presenting arguments on behalf of Sengezo Tshabangu, who serves as the self-appointed CCC interim secretary general, emphasized that the MPs' lawyers also failed by not including the CCC as a party in their challenge against the recalls.
Tshabangu, a relatively unknown figure until his unexpected recall order, directed the removal of 14 legislators and 9 senators in early October, claiming they were no longer members of the main opposition party. This order was promptly executed by the Speaker, Jacob Mudenda, prompting the legal challenge.
During a hearing at the High Court on Thursday, Judge Munamato Mutevedzi heard arguments from all parties involved. Judge Mutevedzi decided to reserve his ruling, committing to provide a decision within the next five days.
The MPs are challenging Tshabangu's authority to recall them, contending that he was not a legitimate member of the main opposition party. As an afterthought, the legislators removed the Speaker of Parliament, Senate president, and the Zimbabwe Electoral Commission from their list of respondents, focusing their entire legal effort on challenging Tshabangu's legitimacy within the party.
Advocate Amanda Ndlovu, one of their lawyers, issued an apology on behalf of the MPs to the presiding officers of the legislative body, acknowledging that there was common ground in affirming that the applicants were indeed members of the CCC, and that Tshabangu had no authority to act on behalf of the party.
However, Uriri argued that their case had no merit. He stated, "Their case, after their statements, was even weaker than before. No amount of legal maneuvering can salvage their case. They came to court accusing the Speaker and Senate President but failed to make a substantive case against Tshabangu. By withdrawing their claims against the Speaker, Senate President, and ZEC, they left themselves with no legal grounds to stand on."
Uriri contended that the High Court lacked jurisdiction over the matter since the applicants were raising constitutional issues. He insisted that only the Constitutional Court had the authority to hear this case.
Additionally, he argued that the Speaker had acted within his mandate by implementing the recalls without investigating the motivations behind the contentious order, as the Speaker and Senate President were parliamentary functionaries.
Uriri also pointed out that the MPs had made a critical error by not including their political party in the legal proceedings, stating, "Without the party's involvement, they cannot resolve the dispute that has arisen. The CCC remains silent because it is in favor of the recalls. The applicants are not party members due to their expulsions."
Uriri then urged Judge Mutevedzi to dismiss the application and order the MPs to pay the legal costs.
Advocate Lewis Uriri, while presenting arguments on behalf of Sengezo Tshabangu, who serves as the self-appointed CCC interim secretary general, emphasized that the MPs' lawyers also failed by not including the CCC as a party in their challenge against the recalls.
Tshabangu, a relatively unknown figure until his unexpected recall order, directed the removal of 14 legislators and 9 senators in early October, claiming they were no longer members of the main opposition party. This order was promptly executed by the Speaker, Jacob Mudenda, prompting the legal challenge.
During a hearing at the High Court on Thursday, Judge Munamato Mutevedzi heard arguments from all parties involved. Judge Mutevedzi decided to reserve his ruling, committing to provide a decision within the next five days.
The MPs are challenging Tshabangu's authority to recall them, contending that he was not a legitimate member of the main opposition party. As an afterthought, the legislators removed the Speaker of Parliament, Senate president, and the Zimbabwe Electoral Commission from their list of respondents, focusing their entire legal effort on challenging Tshabangu's legitimacy within the party.
Advocate Amanda Ndlovu, one of their lawyers, issued an apology on behalf of the MPs to the presiding officers of the legislative body, acknowledging that there was common ground in affirming that the applicants were indeed members of the CCC, and that Tshabangu had no authority to act on behalf of the party.
However, Uriri argued that their case had no merit. He stated, "Their case, after their statements, was even weaker than before. No amount of legal maneuvering can salvage their case. They came to court accusing the Speaker and Senate President but failed to make a substantive case against Tshabangu. By withdrawing their claims against the Speaker, Senate President, and ZEC, they left themselves with no legal grounds to stand on."
Uriri contended that the High Court lacked jurisdiction over the matter since the applicants were raising constitutional issues. He insisted that only the Constitutional Court had the authority to hear this case.
Additionally, he argued that the Speaker had acted within his mandate by implementing the recalls without investigating the motivations behind the contentious order, as the Speaker and Senate President were parliamentary functionaries.
Uriri also pointed out that the MPs had made a critical error by not including their political party in the legal proceedings, stating, "Without the party's involvement, they cannot resolve the dispute that has arisen. The CCC remains silent because it is in favor of the recalls. The applicants are not party members due to their expulsions."
Uriri then urged Judge Mutevedzi to dismiss the application and order the MPs to pay the legal costs.
Source - zimlive
