All CCC positions unlawful

In a landmark ruling, the High Court in Harare has found in favor of Citizens Coalition for Change (CCC) interim secretary-general Sengezo Tshabangu, declaring that all party positions and main organs elected during the 2019 Gweru Congress are being held unlawfully. The ruling stems from an urgent application Tshabangu filed against senior party officials, including Sesel Zvidzayi, Concillia Chinanzvava, Gilbert Kagodora, and Shepherd Mushonga, who he argued were unlawfully holding office beyond their prescribed terms.

Judge President Mary Zimba-Dube issued the ruling after a thorough review of the application, stating that the terms of office for the elected officials in question, which began on May 26, 2019, had expired as per the CCC constitution. The judge further declared the disciplinary process involving a disciplinary committee held on February 12, 2025, to deliberate on allegations against Tshabangu as "null and void" and ordered that it be set aside.

In her ruling, Judge Zimba-Dube also ordered CCC to bear the costs of the application, underscoring the serious implications of the unlawful conduct. Tshabangu had requested the court to declare that the terms of office for the office bearers and the main organs elected in the 2019 Gweru congress expired on May 27, 2024, and that any actions, including his expulsion, taken by a disciplinary committee made up of these officials be annulled.

Tshabangu's case centered on the legitimacy of the disciplinary actions taken against him by CCC party officials. He argued that the national disciplinary committee, which expelled him, was improperly constituted because its members were holding office beyond their constitutional mandate. He also raised concerns over the appointment of Welshman Ncube and the disciplinary committee in the absence of proper authorization.

Tshabangu's expulsion from the party followed the decision of the Parliamentary Committee on Standing Rules and Orders to appoint members to the leadership of portfolio committees. This decision, Tshabangu contended, was in direct violation of the party's constitutional procedures.

Further, Tshabangu claimed that the disciplinary committee hearing, held at a private property belonging to Willias Madzimure, was irregular and lacked jurisdiction. He also challenged the involvement of Sesel Zvidzayi, the chairperson of the disciplinary committee, arguing that Zvidzayi should have recused himself due to a conflict of interest, given his involvement in similar litigation in the High Court and Supreme Court concerning the same allegations.

In defense, CCC argued that Tshabangu's application was a disguised attempt to review the outcome of the disciplinary proceedings against him. The party refuted the claim that the office bearers' terms had expired, maintaining that they should remain in office until new replacements are elected. The CCC also contended that the disciplinary committee was properly constituted and acted within its mandate.

However, Judge Zimba-Dube dismissed these arguments, ruling that Tshabangu acted promptly and within a reasonable timeframe. She also ruled that Tshabangu had demonstrated a "reasonable apprehension" of harm, should the matter not be addressed urgently, due to the risk of political harm from his expulsion.

The court further noted that Welshman Ncube failed to provide proof of proper written authority to file the opposing affidavit on behalf of the respondents, thereby invalidating his actions in the case.

The High Court's ruling has significant implications for the CCC and its leadership structure. It marks a major victory for Tshabangu, who has long argued that the party's internal processes had not adhered to its constitution. This ruling will likely fuel further debates and challenges within the party as it seeks to reconcile its internal divisions and clarify its leadership.

Tshabangu's victory is also a reflection of ongoing tensions within the party, as it struggles to balance internal power dynamics and maintain a unified front ahead of future elections. The court's decision raises questions about the legitimacy of other internal processes and could potentially reshape the CCC's future leadership.

As the party navigates these legal and constitutional challenges, it remains to be seen how Tshabangu's position as interim secretary-general will evolve in the aftermath of this significant court victory.