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Tshabangu withdraws urgent High Court application against recall
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Self-styled Citizens Coalition for Change (CCC) secretary-general Sengezo Tshabangu has withdrawn a High Court urgent chamber application that sought to interdict party president Welshman Ncube from recalling him from Parliament.
Through his lawyer, Advocate Lewis Uriri, Tshabangu informed High Court judge Justice Mary Zimba-Dube of his decision to withdraw the case.
Ncube, speaking to NewsDay, stated that Tshabangu's initial decision to file two urgent chamber applications simultaneously was ill-advised.
"It was not sensible to file two urgent chamber applications at once," Ncube said. "He should have filed the interdict challenging his dismissal first, then the other one would proceed on a normal basis."
Another case, HCH875/25, which was also set to be heard by the same judge, has been postponed to March 21 due to logistical challenges.
"HCH875/25 has been postponed because the consolidated index was only availed by the registrar this morning, making it difficult for the court and the lawyers to follow, hence the decision to postpone it to next Friday," said Willias Madzimure, spokesperson for the Ncube-led CCC faction, in a statement.
Meanwhile, the withdrawn case, HCH830/25, sought to prevent the party from recalling Tshabangu from Parliament and to stop the Speaker of Parliament from accepting the recall pending the finalisation of the main case, HCH875/25. It was withdrawn without an order for costs.
Tshabangu was dismissed from the CCC after being found guilty of violating the party constitution and disrespecting its leadership. His removal followed allegations that he had unilaterally altered the party’s parliamentary portfolio holders "without the authority of the party."
Following his expulsion, Tshabangu rushed to the High Court, seeking an interim ruling barring the CCC from recalling him from Parliament. Judge President Zimba-Dube granted an interim order in his favor, allowing him to retain his parliamentary seat while his legal challenge progresses.
However, Ncube has opposed Tshabangu's application, arguing that he has no legal standing to take the party to court and questioning his legitimacy as a CCC member.
In his filing, Tshabangu argued that the terms of office for all CCC office bearers, including Ncube, had expired in May 2024, a claim Ncube has dismissed outright.
Through his lawyer, Advocate Lewis Uriri, Tshabangu informed High Court judge Justice Mary Zimba-Dube of his decision to withdraw the case.
Ncube, speaking to NewsDay, stated that Tshabangu's initial decision to file two urgent chamber applications simultaneously was ill-advised.
"It was not sensible to file two urgent chamber applications at once," Ncube said. "He should have filed the interdict challenging his dismissal first, then the other one would proceed on a normal basis."
Another case, HCH875/25, which was also set to be heard by the same judge, has been postponed to March 21 due to logistical challenges.
"HCH875/25 has been postponed because the consolidated index was only availed by the registrar this morning, making it difficult for the court and the lawyers to follow, hence the decision to postpone it to next Friday," said Willias Madzimure, spokesperson for the Ncube-led CCC faction, in a statement.
Meanwhile, the withdrawn case, HCH830/25, sought to prevent the party from recalling Tshabangu from Parliament and to stop the Speaker of Parliament from accepting the recall pending the finalisation of the main case, HCH875/25. It was withdrawn without an order for costs.
Tshabangu was dismissed from the CCC after being found guilty of violating the party constitution and disrespecting its leadership. His removal followed allegations that he had unilaterally altered the party’s parliamentary portfolio holders "without the authority of the party."
Following his expulsion, Tshabangu rushed to the High Court, seeking an interim ruling barring the CCC from recalling him from Parliament. Judge President Zimba-Dube granted an interim order in his favor, allowing him to retain his parliamentary seat while his legal challenge progresses.
However, Ncube has opposed Tshabangu's application, arguing that he has no legal standing to take the party to court and questioning his legitimacy as a CCC member.
In his filing, Tshabangu argued that the terms of office for all CCC office bearers, including Ncube, had expired in May 2024, a claim Ncube has dismissed outright.
Source - newsday
