Tshabangu, Welshman Ncube court fight set for Monday

The High Court is set to hear a case on Monday involving acting Citizens Coalition for Change (CCC) president, Professor Welshman Ncube, who is contesting decisions made by interim CCC secretary-general, Mr. Sengezo Tshabangu, to demote key party parliamentarians from leadership positions.

In his opposing affidavit, Mr. Tshabangu has argued that Prof Ncube no longer has the authority to bring forth the suit, claiming that his tenure as acting president of the party has expired, leaving him without legal standing.

Last week, Prof Ncube, represented by Mathonsi Ncube Law Chambers, filed an urgent chamber application at the Bulawayo High Court. He seeks to nullify Mr. Tshabangu's decision to dismiss Chikanga legislator Ms. Lynette Karenyi-Kore, the CCC leader of the opposition in Parliament, and Mr. Edwin Mushoriwa, who served as chief whip. Mr. Tshabangu replaced them with new appointees, including Ms. Nonhlanhla Mlotshwa as the new opposition chief whip.

Prof Ncube's application cites Mr. Tshabangu, Speaker of the National Assembly Advocate Jacob Mudenda, and Ms. Mlotshwa as respondents. He has also sought an order preventing Adv Mudenda from announcing Mr. Tshabangu's changes in Parliament.

In his founding affidavit, Prof Ncube argued that Mr. Tshabangu lacks the authority to alter parliamentary appointments without resolutions from CCC organs. He contends that the appointments of Ms. Karenyi-Kore and Mr. Mushoriwa were formalized through resolutions of the CCC Parliamentary caucus and implemented accordingly. He further stated that the position of opposition chief whip, to which Ms. Mlotshwa was appointed, does not exist under the National Constitution or parliamentary standing orders.

"In appointing himself the overall leader of the opposition in Parliament, the first respondent (Mr. Tshabangu) has placed himself above his seniors in the hierarchy of the party, thereby disrespecting the organisational integrity of the party," Prof Ncube asserted.

Mr. Tshabangu, through his lawyer Mr. Nqobani Sithole of Ncube Attorneys, opposed the application, arguing that Prof Ncube lacks the authority to act on behalf of the CCC. He claimed that Prof Ncube has failed to demonstrate a substantial personal interest in the matter.

"The second applicant (Prof Ncube) has not been able to demonstrate a real and substantial interest in the declaratory in his personal capacity, which is the first requirement for any person to bring a declaratory," he argued.

Mr. Tshabangu also dismissed the urgency of the application, noting that the changes in Parliament had already been implemented and announcements were merely for information purposes. He further contended that the resolution cited by Prof Ncube predated the legal dispute and was enacted when Nelson Chamisa was still president of the CCC.

Moreover, Mr. Tshabangu questioned Prof Ncube's acting presidency, stating that his term, along with that of the entire CCC executive, has expired. He requested the court to dismiss the application with costs.

The CCC has been embroiled in internal divisions since January, when its former leader, Mr. Nelson Chamisa, resigned following disputes over the recall of MPs aligned with his camp by Mr. Tshabangu. Prof Ncube was subsequently appointed leader of a faction within the party.

The case highlights deepening fractures within the CCC as it grapples with leadership disputes and internal governance challenges. The High Court's decision will likely have significant implications for the party's future direction and its representation in Parliament.