Welshman Ncube threatens Tshabangu

The High Court has reserved its judgment indefinitely in a case brought by Citizens Coalition for Change (CCC) leaders who were dismissed from their Parliamentary roles by the party's secretary general, Sengezo Tshabangu. The urgent application was heard by Justice Neville Wamambo, who indicated that a ruling would be delivered at a later date.

The leaders, including interim party leader Welshman Ncube, his deputy Lynette Karenyi Kore, Sesel Zwidzai, and Edwin Mushoriwa, have filed the application against Tshabangu, who recently removed them from their parliamentary positions, replacing them with his own selections. The applicants have named Tshabangu, the Speaker of the National Assembly, and Senator Nonhlahla Mlotshwa as respondents in the case.

The applicants are seeking a court declaration that Tshabangu's actions to oust them from the Standing Rules and Orders Committee (SROC) are unlawful and exceed his constitutional authority. Additionally, they are challenging Mlotshwa's appointment as CCC chief whip, arguing that the position is not recognized under Section 151 (2) of the Constitution. The leaders are also contesting the reshuffling of various CCC members across different parliamentary committees, which they were originally assigned to. They are requesting an order to prevent the Speaker from announcing these changes in the National Assembly.

In court, Ncube highlighted that Tshabangu's actions went against an existing court order that had barred him from recalling party members, and he described the reshuffle as equivalent to a recall. Ncube's lawyer, Method Ndlovu, told the judge that despite several letters written by the applicants to the Speaker, they were ignored, while Tshabangu quickly acted on letters written by the second respondent, Mlotshwa.

Ncube argued that Tshabangu's actions did not reflect the collective will of the CCC and accused him of acting on his own, without party approval. "He was on a frolic of his own, and what he did does not reflect the collective and correct position of the 1st Applicant (CCC)," Ncube stated in his founding affidavit.

In response, Tshabangu's legal team, represented by lawyers Lewis Uriri and Nqobani Sithole, argued that the High Court lacked jurisdiction to hear Ncube's application. They contended that the changes had already been made by Parliament by December 16, 2024, and that the Speaker's role was merely to inform the members of the changes.

"The juristic act had already taken place. All the Speaker does is inform them that these changes have been made. They want to interrupt changes which have already been made," Uriri said.

The case continues to raise questions about the authority of party leadership within CCC and the role of the Speaker in enforcing parliamentary changes. The High Court's eventual ruling is expected to have significant implications for party governance and parliamentary procedures.