News / National
Chamisa's MPs appeal High Court dismissal of bid to reverse recalls
23 Nov 2023 at 07:37hrs | Views
Fourteen CCC MPs and nine senators have appealed - through the Supreme Court - a recent High Court rejection of their challenge against a highly emotive recall order by self-imposed interim party secretary general Sengezo Tshabangu.
In their challenge, the former legislators, who constitute the first batch of ousted opposition lawmakers, argue that the High Court failed to uphold the voice of the electorate.
The axed MPs, represented by Harare lawyer Thabani Mpofu, claimed that High Court judge Munamato Mutevedzi erred by entertaining Tshabangu, whom they claim is an imposter.
Among the recalled lawmakers are Febion Munyaradzi Kufahakutizwi, who became famous for defeating Zanu-PF's Pedzai Sakupwanya in Mabvuku Tafara constituency, and Pashor Sibanda, who floored finance minister Mthuli Ncube in Cowdray Park.
In their fresh challenge, the affected MPs said their recall was a violation of the voices of the electorate, and therefore their appeal should be granted.
"It must, if at all, take exceptional circumstances for people's political choices," reads the court challenge in part.
"Constitutionally expressed through a process of adult universal suffrage, to be ignored by anyone, let alone the courts.
"Whilst it belongs to political actors to make and score political points against each other, a court of law must, when confronted with a matter, never lose the essence.
"Regrettably, the court aquo completely lost its path and did not consider, that in matters electoral, the voice of the electorate is sacrosanct; that any perceived procedural inadequacies cannot trump the clearly expressed voice of the people, and that for a court of law, there is really no choice between sense and nonsense."
The MPs were ousted on the ostensible reason they had ceased to be members of the main opposition.
In their appeal, they also noted that Tshabangu did not demonstrate how he came to the conclusion that they had lost their membership.
"Apart from stating that they had ceased being members, which is itself a conclusion, he did not explain what that meant.
"Did they resign? Were they expelled? If so, when and by whom? Is that act of expulsion the act of the CCC party?
"If it is, where did that leave the communication of the uncontested leader of the same political party?" further read the challenge.
Tshabangu, Speaker of Parliament Jacob Mudenda and the Zimbabwe Electoral Commission are listed as respondents.
The controversial politician, a virtually unknown figure in politics until his recent exploits, continues to decree more recalls amid opposition claims he was a hired Zanu-PF hitman keen to decimate the opposition representation and restore the ruling party's two thirds majority in parliament.
Tshabangu insists he was acting in the spirit of reversing the imposition of election candidates prior to the August 23 elections by the Nelson Chamisa led party.
The first set of recalls have triggered a presidential proclamation for the holding of by-elections December 9, 2023.
In their challenge, the former legislators, who constitute the first batch of ousted opposition lawmakers, argue that the High Court failed to uphold the voice of the electorate.
The axed MPs, represented by Harare lawyer Thabani Mpofu, claimed that High Court judge Munamato Mutevedzi erred by entertaining Tshabangu, whom they claim is an imposter.
Among the recalled lawmakers are Febion Munyaradzi Kufahakutizwi, who became famous for defeating Zanu-PF's Pedzai Sakupwanya in Mabvuku Tafara constituency, and Pashor Sibanda, who floored finance minister Mthuli Ncube in Cowdray Park.
In their fresh challenge, the affected MPs said their recall was a violation of the voices of the electorate, and therefore their appeal should be granted.
"It must, if at all, take exceptional circumstances for people's political choices," reads the court challenge in part.
"Constitutionally expressed through a process of adult universal suffrage, to be ignored by anyone, let alone the courts.
"Whilst it belongs to political actors to make and score political points against each other, a court of law must, when confronted with a matter, never lose the essence.
"Regrettably, the court aquo completely lost its path and did not consider, that in matters electoral, the voice of the electorate is sacrosanct; that any perceived procedural inadequacies cannot trump the clearly expressed voice of the people, and that for a court of law, there is really no choice between sense and nonsense."
The MPs were ousted on the ostensible reason they had ceased to be members of the main opposition.
In their appeal, they also noted that Tshabangu did not demonstrate how he came to the conclusion that they had lost their membership.
"Apart from stating that they had ceased being members, which is itself a conclusion, he did not explain what that meant.
"Did they resign? Were they expelled? If so, when and by whom? Is that act of expulsion the act of the CCC party?
"If it is, where did that leave the communication of the uncontested leader of the same political party?" further read the challenge.
Tshabangu, Speaker of Parliament Jacob Mudenda and the Zimbabwe Electoral Commission are listed as respondents.
The controversial politician, a virtually unknown figure in politics until his recent exploits, continues to decree more recalls amid opposition claims he was a hired Zanu-PF hitman keen to decimate the opposition representation and restore the ruling party's two thirds majority in parliament.
Tshabangu insists he was acting in the spirit of reversing the imposition of election candidates prior to the August 23 elections by the Nelson Chamisa led party.
The first set of recalls have triggered a presidential proclamation for the holding of by-elections December 9, 2023.
Source - zimlive
