Supreme court strikes Tshabangu, Parliament speaker's appeal off the roll

The Supreme Court has struck off the roll appeals filed by self-styled Citizens Coalition for Change (CCC) interim secretary-general Sengezo Tshabangu and the Speaker of the National Assembly, who were challenging a High Court ruling that blocked the recall of legislators aligned to the Welshman Ncube-led CCC faction.

The appeals were dismissed after it emerged during Thursday's proceedings that the High Court had not issued a formal, written judgment containing an operative court order - making it impossible for any legal appeal to proceed.

A three-judge Supreme Court bench comprising Justices Chinembiri Bhunu, Felistas Chatukuta and Lavender Makoni ruled that without an existing court order, there was no valid basis for an appeal. As a result, the matter has been remitted back to the High Court for a fresh hearing before a different judge.

"Having considered submissions by counsel, the court issues the following order: the matter on SC 24/25 and SC 26/25 be and are hereby struck off the roll," read Justice Bhunu's ruling.

"In the exercise of this court's review powers… the proceedings in the High Court be and are hereby set aside. The matter is hereby remitted to the court a quo for hearing de novo before a different judge."

The legal drama unfolded after Method Ndlovu, representing the CCC faction led by Welshman Ncube, argued that the Supreme Court lacked jurisdiction and noted that there was no formal judgment from Justice Neville Wamambo - who initially ruled in their favour. Ndlovu told the court: "Once there is no order, then there is no appeal. The court cannot panel-beat a judgment to make it fit the record."

Tshabangu's lawyer, Lewis Uriri, concurred that there was no enforceable High Court judgment and requested the Supreme Court to set aside the proceedings and send the matter back to the lower court. "There is no operative part of the judgment. As such, we do not have an appeal. May the court remit the matter for hearing before a different judge," Uriri said. The court agreed.

Commenting after the ruling, Uriri described the High Court's decision as an "essay," lacking judicial finality. "Those proceedings have been set aside. The matter has been returned to the High Court for a fresh hearing before a different judge," he said.

Ndlovu, however, offered a different interpretation. "The appeals were not properly before the court. The Supreme Court stated that the High Court's judgment did not provide a disposition or an operative part. The appeals were struck off the roll, with each party bearing its own costs. The matter was remitted to the High Court. The dispute remains very live. No one won."

The legal battle stems from Tshabangu's controversial decision last year to recall several CCC legislators and reshuffle parliamentary committee positions - moves challenged by CCC interim leader Welshman Ncube, his deputy Lynette Karenyi Kore, Sesel Zvidzai, and Edwin Mushoriwa.

The group accused Tshabangu of overstepping his authority and unlawfully removing them from the influential Standing Rules and Orders Committee (SROC). They also contested the appointment of Mlotshwa as CCC's chief whip, claiming that the position was unconstitutional.

Justice Wamambo had ruled in their favour, declaring Tshabangu's actions unlawful. However, with the Supreme Court now nullifying those proceedings, the matter will be heard afresh - keeping the political and legal contest between the rival CCC factions very much alive.