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Welshman Ncube's urgent application dismissed
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The High Court in Harare has dismissed an urgent chamber application filed by Professor Welshman Ncube and four others seeking to enforce an earlier court order granted in their favor by Justice Neville Wamambo on January 8, 2025.
The decision was made ex tempore on Friday afternoon after the court heard submissions from the parties involved. The application aimed to execute the January 8 order pending the outcomes of two appeals filed at the Supreme Court.
The appeals in question - filed by Sengezo Tshabangu and another party, as well as the Speaker of the National Assembly under case number SC24/25 - are yet to be determined.
In its ruling, the High Court dismissed the urgent application with costs, effectively halting Prof Ncube and his co-applicants' efforts to enforce the previous order while the Supreme Court cases remain unresolved.
The legal battle stems from internal disputes within the Citizens Coalition for Change (CCC), with contested decisions over parliamentary appointments and recalls at the center of the controversy.
Friday's ruling is the latest development in the ongoing power struggle, which has already seen various court cases and appeals, as both factions seek to solidify control over the party's leadership and parliamentary representation.
The ongoing battle for control within the opposition Citizens Coalition for Change (CCC) has taken a new turn, with Welshman Ncube's faction summoning self-proclaimed interim secretary-general Sengezo Tshabangu to a disciplinary hearing. This latest development is part of the growing rift between the two leaders, as they vie for control of the faction-riddled opposition party.
The disciplinary hearing, set for Wednesday, February 12, 2025, will focus on Tshabangu's controversial actions, including his alleged unilateral appointments and reassignments of party members in Parliament. Ncube's faction argues that Tshabangu had no authority to make such decisions and that these actions were illegal.
This power struggle has not only caused internal party strife but has also had significant financial repercussions. Due to the ongoing leadership dispute, the government has withheld CCC's share of funding allocated under the Political Parties Finance Act, citing the ongoing power struggles as a reason for the party's failure to meet the necessary requirements.
Tshabangu's actions, particularly regarding parliamentary appointments and recalls, have led to a protracted legal battle. Ncube and Tshabangu have both taken the issue to court, with the High Court ruling in Ncube's favor and nullifying Tshabangu's appointments. The court also issued an order for Tshabangu to cease any further recalls. However, Tshabangu has appealed this decision to the Supreme Court, and the matter is still pending.
Ncube's faction is pushing for the immediate execution of the High Court ruling while awaiting the Supreme Court's decision. Meanwhile, Ncube's appointed arbiter-general, Shepherd Mushonga, sent a formal letter to Tshabangu, urging him to attend the disciplinary hearing scheduled for February 12, 2025, at 0930 hours, at the designated venue in Southerton, Harare.
The letter also noted that Tshabangu had the right to be represented by a legal practitioner, but if he failed to attend, the hearing would proceed in his absence.
Tshabangu, however, has dismissed the disciplinary hearing as a "clumsy" attempt to escalate the dispute, vowing not to attend. His spokesperson, Nqobizitha Mlilo, expressed that the hearing was an unnecessary escalation and reiterated Tshabangu's focus on rebuilding the party and the country. "Senator Tshabangu's mind is firmly on rebuilding the party, country, and nation, creating national consensus on issues that matter to the people of Zimbabwe," Mlilo said.
This leadership struggle stems from Tshabangu's controversial seizure of the CCC from its founding leader, Nelson Chamisa, followed by his recall of several CCC legislators, leading to costly by-elections. The by-elections, which allowed the ruling Zanu PF party to strengthen its two-thirds parliamentary majority, have further fueled tensions within the party.
Chamisa, who has been sidelined by Tshabangu's faction, has accused Tshabangu of being a Zanu PF proxy, a charge that Tshabangu vehemently denies.
As the rift deepens, all eyes are on the outcome of the disciplinary hearing and the ongoing legal battles, which could have significant implications for the future of the opposition party.
The decision was made ex tempore on Friday afternoon after the court heard submissions from the parties involved. The application aimed to execute the January 8 order pending the outcomes of two appeals filed at the Supreme Court.
The appeals in question - filed by Sengezo Tshabangu and another party, as well as the Speaker of the National Assembly under case number SC24/25 - are yet to be determined.
In its ruling, the High Court dismissed the urgent application with costs, effectively halting Prof Ncube and his co-applicants' efforts to enforce the previous order while the Supreme Court cases remain unresolved.
The legal battle stems from internal disputes within the Citizens Coalition for Change (CCC), with contested decisions over parliamentary appointments and recalls at the center of the controversy.
Friday's ruling is the latest development in the ongoing power struggle, which has already seen various court cases and appeals, as both factions seek to solidify control over the party's leadership and parliamentary representation.
The ongoing battle for control within the opposition Citizens Coalition for Change (CCC) has taken a new turn, with Welshman Ncube's faction summoning self-proclaimed interim secretary-general Sengezo Tshabangu to a disciplinary hearing. This latest development is part of the growing rift between the two leaders, as they vie for control of the faction-riddled opposition party.
The disciplinary hearing, set for Wednesday, February 12, 2025, will focus on Tshabangu's controversial actions, including his alleged unilateral appointments and reassignments of party members in Parliament. Ncube's faction argues that Tshabangu had no authority to make such decisions and that these actions were illegal.
This power struggle has not only caused internal party strife but has also had significant financial repercussions. Due to the ongoing leadership dispute, the government has withheld CCC's share of funding allocated under the Political Parties Finance Act, citing the ongoing power struggles as a reason for the party's failure to meet the necessary requirements.
Tshabangu's actions, particularly regarding parliamentary appointments and recalls, have led to a protracted legal battle. Ncube and Tshabangu have both taken the issue to court, with the High Court ruling in Ncube's favor and nullifying Tshabangu's appointments. The court also issued an order for Tshabangu to cease any further recalls. However, Tshabangu has appealed this decision to the Supreme Court, and the matter is still pending.
Ncube's faction is pushing for the immediate execution of the High Court ruling while awaiting the Supreme Court's decision. Meanwhile, Ncube's appointed arbiter-general, Shepherd Mushonga, sent a formal letter to Tshabangu, urging him to attend the disciplinary hearing scheduled for February 12, 2025, at 0930 hours, at the designated venue in Southerton, Harare.
The letter also noted that Tshabangu had the right to be represented by a legal practitioner, but if he failed to attend, the hearing would proceed in his absence.
Tshabangu, however, has dismissed the disciplinary hearing as a "clumsy" attempt to escalate the dispute, vowing not to attend. His spokesperson, Nqobizitha Mlilo, expressed that the hearing was an unnecessary escalation and reiterated Tshabangu's focus on rebuilding the party and the country. "Senator Tshabangu's mind is firmly on rebuilding the party, country, and nation, creating national consensus on issues that matter to the people of Zimbabwe," Mlilo said.
This leadership struggle stems from Tshabangu's controversial seizure of the CCC from its founding leader, Nelson Chamisa, followed by his recall of several CCC legislators, leading to costly by-elections. The by-elections, which allowed the ruling Zanu PF party to strengthen its two-thirds parliamentary majority, have further fueled tensions within the party.
Chamisa, who has been sidelined by Tshabangu's faction, has accused Tshabangu of being a Zanu PF proxy, a charge that Tshabangu vehemently denies.
As the rift deepens, all eyes are on the outcome of the disciplinary hearing and the ongoing legal battles, which could have significant implications for the future of the opposition party.
Source - The Herald
