News / National
High Court reserves Ncube, Tshabangu ruling
31 Dec 2024 at 13:33hrs | Views
The legal battle between Citizens Coalition for Change (CCC) acting president, Professor Welshman Ncube, and interim secretary-general, Senator Sengezo Tshabangu, over controversial changes to the party's Parliamentary leadership continued in the High Court yesterday. Tshabangu's legal team called for the case to be dismissed, arguing that the matter should instead be heard by the Constitutional Court.
The dispute stems from a series of reshuffles initiated by Tshabangu earlier this month, which led to the removal of several CCC legislators from key Parliamentary posts. Professor Ncube has accused Tshabangu of acting unlawfully and bypassing the party's constitutional processes. In response, Ncube filed an urgent application to prevent Speaker of the National Assembly, Advocate Jacob Mudenda, from implementing the changes.
Represented by Advocates Lewis Uriri and Nqobani Sithole, Tshabangu's legal team argued that the case lacked the necessary legal standing to be heard by the High Court. Advocate Uriri emphasized that the matter was constitutional in nature and should be addressed by the Constitutional Court. He further noted that the changes had already been implemented by Parliament, rendering the issue moot.
"There are no special circumstances warranting this matter to be placed before this court. The certificate of urgency itself acknowledges that the matter is moot," Uriri argued, pointing out that CCC became aware of the changes on December 16, after Parliament had acted on Tshabangu's letter. He added that the Speaker of Parliament, in his administrative role, does not have the discretion to reverse changes once they have been made.
Professor Ncube, represented by Advocate Method Ndlovu, contested this position, asserting that the Speaker's endorsement of Tshabangu's letter was unlawful. He argued that Tshabangu's authority as interim secretary-general remains under dispute, making his actions invalid. "He cannot just wake up and pen a letter, and the Speaker acts on it. What he did violates the CCC constitution," Ndlovu said.
The changes in question have caused significant disruption to the CCC's Parliamentary leadership. Among those removed was Lynette Karenyi-Kore, the Chikanga MP who served as the Leader of the Opposition in Parliament. She was replaced by Maureen Kademaunga, the Sunningdale MP. Other notable changes included the replacement of Caston Matewu, Minenhle Ntandoyenkosi Gumede, Sithabisiwe Moyo, and Takudzwa Ngadziore, all of whom held key leadership positions in Parliamentary committees.
Justice Neville Wamambo, presiding over the case, reserved judgment on whether the matter could proceed to address substantive issues. If dismissed, Ncube's legal team may escalate the matter to the Constitutional Court.
The ongoing dispute highlights deep divisions within the CCC and raises critical questions about the party's governance and adherence to constitutional processes. As the High Court deliberates, the case continues to draw attention to the challenges facing Zimbabwe's opposition party in navigating internal leadership conflicts and maintaining its credibility.
The dispute stems from a series of reshuffles initiated by Tshabangu earlier this month, which led to the removal of several CCC legislators from key Parliamentary posts. Professor Ncube has accused Tshabangu of acting unlawfully and bypassing the party's constitutional processes. In response, Ncube filed an urgent application to prevent Speaker of the National Assembly, Advocate Jacob Mudenda, from implementing the changes.
Represented by Advocates Lewis Uriri and Nqobani Sithole, Tshabangu's legal team argued that the case lacked the necessary legal standing to be heard by the High Court. Advocate Uriri emphasized that the matter was constitutional in nature and should be addressed by the Constitutional Court. He further noted that the changes had already been implemented by Parliament, rendering the issue moot.
"There are no special circumstances warranting this matter to be placed before this court. The certificate of urgency itself acknowledges that the matter is moot," Uriri argued, pointing out that CCC became aware of the changes on December 16, after Parliament had acted on Tshabangu's letter. He added that the Speaker of Parliament, in his administrative role, does not have the discretion to reverse changes once they have been made.
The changes in question have caused significant disruption to the CCC's Parliamentary leadership. Among those removed was Lynette Karenyi-Kore, the Chikanga MP who served as the Leader of the Opposition in Parliament. She was replaced by Maureen Kademaunga, the Sunningdale MP. Other notable changes included the replacement of Caston Matewu, Minenhle Ntandoyenkosi Gumede, Sithabisiwe Moyo, and Takudzwa Ngadziore, all of whom held key leadership positions in Parliamentary committees.
Justice Neville Wamambo, presiding over the case, reserved judgment on whether the matter could proceed to address substantive issues. If dismissed, Ncube's legal team may escalate the matter to the Constitutional Court.
The ongoing dispute highlights deep divisions within the CCC and raises critical questions about the party's governance and adherence to constitutional processes. As the High Court deliberates, the case continues to draw attention to the challenges facing Zimbabwe's opposition party in navigating internal leadership conflicts and maintaining its credibility.
Source - The Herald
