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High Court to hear Tshabangu's appeal against CCC expulsion
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The High Court in Harare is set to hear an appeal on Thursday afternoon by expelled Citizens Coalition for Change (CCC) interim secretary-general, Senator Sengezo Tshabangu, challenging his removal from the opposition party.
Tshabangu, who filed the urgent application through his lawyer, Mr. Kholwani Ngwenya, argues that his expulsion was unlawful as the leadership structures responsible for disciplinary actions had ceased to hold legitimate authority.
According to Tshabangu's court submission, the terms of office for CCC organs, as outlined in Article 6 of the party's constitution—including that of the president, but excluding parliamentary and local government caucuses—expired on May 27, 2024.
"Because the terms of office so expired, none of the organs in Article 6 of the party constitution, and in particular Professor Welshman Ncube, had lawful and competent authority to appoint a national disciplinary committee and an arbiter general. The panel appointed by Prof Ncube, purporting to be a national disciplinary committee, and an arbiter general purporting to be one, could not and did not lawfully sit in judgment and prosecution, respectively, on Sen Tshabangu," read the court papers.
Tshabangu maintains that the verdict and sanction imposed by the alleged disciplinary panel are legally invalid and of no consequence.
His expulsion from CCC has deepened divisions within the party, which has been grappling with internal disputes over leadership and candidate selections since late 2023. The High Court ruling on his appeal is expected to set a significant precedent for the party's future governance.
Tshabangu, who filed the urgent application through his lawyer, Mr. Kholwani Ngwenya, argues that his expulsion was unlawful as the leadership structures responsible for disciplinary actions had ceased to hold legitimate authority.
According to Tshabangu's court submission, the terms of office for CCC organs, as outlined in Article 6 of the party's constitution—including that of the president, but excluding parliamentary and local government caucuses—expired on May 27, 2024.
"Because the terms of office so expired, none of the organs in Article 6 of the party constitution, and in particular Professor Welshman Ncube, had lawful and competent authority to appoint a national disciplinary committee and an arbiter general. The panel appointed by Prof Ncube, purporting to be a national disciplinary committee, and an arbiter general purporting to be one, could not and did not lawfully sit in judgment and prosecution, respectively, on Sen Tshabangu," read the court papers.
Tshabangu maintains that the verdict and sanction imposed by the alleged disciplinary panel are legally invalid and of no consequence.
His expulsion from CCC has deepened divisions within the party, which has been grappling with internal disputes over leadership and candidate selections since late 2023. The High Court ruling on his appeal is expected to set a significant precedent for the party's future governance.
Source - The Chronicle
