News / National
Tshabangu files High Court application to bar recalled CCC members from 03 February by-elections
13 Jan 2024 at 19:17hrs | Views
Sengezo Tshabangu has urgently submitted an application to the High Court, seeking an injunction to prevent 23 candidates affiliated with the Citizens Coalition for Change (CCC) from participating in the upcoming by-elections scheduled for February 3rd.
On December 18, 2023, the 23 CCC candidates successfully submitted their nomination papers at the Nomination Court. This occurred despite a prior High Court directive that had prohibited other party members from competing under the CCC banner. The court order was based on the assertion that these individuals had ceased to be members of the party before the by-elections held on December 9, 2023.
In the application, presented by his legal representative Nqobani Sithole of Ncube Attorneys, Tshabangu, who identifies himself as the CCC Interim Secretary General, named the 23 candidates and the Zimbabwe Electoral Commission (ZEC) as respondents.
Tshabangu argued that the candidates subject to the recall are no longer CCC members and, therefore, should not be allowed to contest under the party's name.
Part of the application reads:
"The application is made on the grounds that: On the 18th of December 2023, the Nomination Court sat consequent upon promulgation of the date for by-elections set down on the 3rd of February 2024.
"First to twenty-third respondents submitted their nomination papers before the Nomination Court to be accepted as candidates in the by-election as "members" of a political party called Citizens Coalition for Change (CCC party.
"This was despite the fact that in a prior and extant judgment, they had been found by this court to have ceased to be members of that party. The Nomination Court accepted the nomination papers.
"The decision of the Nomination Court is unlawful in that it is contrary to an extant judgment of the High Court and was at any rate procured through an apparent act of defiance of that judgment."
The application seeks the court to set aside the Nomination Court's decision to accept the 23 members' nomination papers.
Unlike at the sitting of the nomination court for the 09 December by-elections, some recalled CCC members filed their papers as independent candidates for the 03 February by-elections to avoid being disqualified.
On December 18, 2023, the 23 CCC candidates successfully submitted their nomination papers at the Nomination Court. This occurred despite a prior High Court directive that had prohibited other party members from competing under the CCC banner. The court order was based on the assertion that these individuals had ceased to be members of the party before the by-elections held on December 9, 2023.
In the application, presented by his legal representative Nqobani Sithole of Ncube Attorneys, Tshabangu, who identifies himself as the CCC Interim Secretary General, named the 23 candidates and the Zimbabwe Electoral Commission (ZEC) as respondents.
Tshabangu argued that the candidates subject to the recall are no longer CCC members and, therefore, should not be allowed to contest under the party's name.
Part of the application reads:
"First to twenty-third respondents submitted their nomination papers before the Nomination Court to be accepted as candidates in the by-election as "members" of a political party called Citizens Coalition for Change (CCC party.
"This was despite the fact that in a prior and extant judgment, they had been found by this court to have ceased to be members of that party. The Nomination Court accepted the nomination papers.
"The decision of the Nomination Court is unlawful in that it is contrary to an extant judgment of the High Court and was at any rate procured through an apparent act of defiance of that judgment."
The application seeks the court to set aside the Nomination Court's decision to accept the 23 members' nomination papers.
Unlike at the sitting of the nomination court for the 09 December by-elections, some recalled CCC members filed their papers as independent candidates for the 03 February by-elections to avoid being disqualified.
Source - pindula
