News / National
BREAKING: Tshabangu wins Supreme Court case against recalled CCC MPs
01 Dec 2023 at 08:13hrs | Views
The Supreme Court has delivered a decisive blow to Members of Parliament affiliated with the CCC dismissing their appeal to overturn a high court judgment that validated their recall by the Interim Secretary General Sengezo Tshabangu. The dismissal, however, was not based on the merits of the case but rather on a technicality related to the proper filing of legal documents.
The controversial case, which has gripped the nation for weeks, centered around the legality of the CCC Members of Parliament's recall from their legislative duties. The high court had previously ruled in favor of the recall, a decision that now stands unchallenged following the Supreme Court's recent dismissal.
The apex court's ruling hinged on what legal experts are calling a procedural misstep by the appellants. According to the court's statement, the notice of appeal submitted by the CCC Members of Parliament failed to meet the requirements laid out in rule 37 (2) of the court's rules, rendering their case procedurally flawed.
Rule 37 (2) of the Supreme Court's rules, which proved to be the Achilles' heel for the appellants, outlines specific criteria for the filing of legal documents, emphasizing the need for precision and compliance with established procedures. The court's decision to dismiss the appeal solely on the grounds of a technicality has sparked intense debate among legal scholars and political observers alike.
Critics argue that such dismissals based on procedural grounds undermine the pursuit of justice and divert attention from the substantive issues at hand. The CCC Members of Parliament, who had pinned their hopes on the Supreme Court to rectify what they perceived as an unjust recall, now find themselves grappling with the fallout of a procedural oversight that has effectively closed the legal avenue for redress.
In response to the Supreme Court's decision, political analyst Nicholas Ncube expressed satisfaction with the outcome, asserting that it reaffirmed the legality of the recall process. Ncube urged the CCC Members of Parliament to respect the rule of law and accept the court's verdict.
The opposition political landscape is expected to witness heightened tensions in the aftermath of this ruling, with the CCC Members of Parliament facing a dwindling array of options to challenge their recall.
The controversial case, which has gripped the nation for weeks, centered around the legality of the CCC Members of Parliament's recall from their legislative duties. The high court had previously ruled in favor of the recall, a decision that now stands unchallenged following the Supreme Court's recent dismissal.
The apex court's ruling hinged on what legal experts are calling a procedural misstep by the appellants. According to the court's statement, the notice of appeal submitted by the CCC Members of Parliament failed to meet the requirements laid out in rule 37 (2) of the court's rules, rendering their case procedurally flawed.
Rule 37 (2) of the Supreme Court's rules, which proved to be the Achilles' heel for the appellants, outlines specific criteria for the filing of legal documents, emphasizing the need for precision and compliance with established procedures. The court's decision to dismiss the appeal solely on the grounds of a technicality has sparked intense debate among legal scholars and political observers alike.
Breaking News: Supreme Court Dismisses 24 @CCCZimbabwe recalled Legislators appeal
Sengezo Tshabangu lawyers Nqobile Sithole: The appeal is fatally defective, the notice of appeal failed to comply with rule 37(2) of the Supreme Court rules
There is no valid appeal before the… pic.twitter.com/EITDDBLnMe— Open Parly ZW (@OpenParlyZw) December 1, 2023
Critics argue that such dismissals based on procedural grounds undermine the pursuit of justice and divert attention from the substantive issues at hand. The CCC Members of Parliament, who had pinned their hopes on the Supreme Court to rectify what they perceived as an unjust recall, now find themselves grappling with the fallout of a procedural oversight that has effectively closed the legal avenue for redress.
In response to the Supreme Court's decision, political analyst Nicholas Ncube expressed satisfaction with the outcome, asserting that it reaffirmed the legality of the recall process. Ncube urged the CCC Members of Parliament to respect the rule of law and accept the court's verdict.
The opposition political landscape is expected to witness heightened tensions in the aftermath of this ruling, with the CCC Members of Parliament facing a dwindling array of options to challenge their recall.
Source - Byo24News
