Tshabangu appeals High Court ruling on CCC leadership changes

Sengezo Tshabangu, the interim secretary general of the Citizens Coalition for Change (CCC), has filed an appeal with the Supreme Court seeking to overturn a High Court ruling that barred him from making changes to the party's parliamentary leadership.

Tshabangu argues that the High Court equated his parliamentary leadership reshuffles with recalls, which he contends are distinct actions. His appeal comes in the wake of a January 8, 2025, High Court judgment delivered by Justice Neville Wamambo in case HCH 5606/24, which declared that Tshabangu lacked the authority to reassign Members of Parliament.

In his Supreme Court filing made on January 9, 2025, by Ncube Attorneys Legal Practitioners, Tshabangu has raised several grounds of appeal. He claims that the court erred by joining two parties named "Citizens Coalition for Change" as respondents without addressing the implications of this duplication. Additionally, he argues that the court misdirected itself by failing to recognize that the matter was a constitutional issue, falling outside its jurisdiction under section 167 of the Constitution.

Tshabangu also contends that Prof Welshman Ncube's application was defective due to non-compliance with Rule 107 of the High Court Rules 2021. Furthermore, he asserts that the court misinterpreted Section 151 of the Constitution regarding the appointment of individual members of the Committee on Standing Rules and Orders.

The appeal also challenges the court's assertion that his reshuffles amount to recalls as defined under section 129(1)(k) of the Constitution. Tshabangu disputes the ruling that declared the position of Chief Whip unlawful and invalidated the appointment of the third respondent as the Chief Whip.

Meanwhile, Tshabangu has maintained that he does not acknowledge Prof Welshman Ncube as the acting president of the CCC, reaffirming his stance as an ordinary party member. He has rejected Ncube's suspension of him, further deepening the ongoing leadership struggle within the party.

In an interview with CITE, Tshabangu's spokesperson, Nqobizitha Mlilo, criticized the High Court ruling, calling it "unsustainable at law." He expressed confidence that the Supreme Court or a full bench of the High Court would overturn the judgment.

"There is simply no basis for urgency, and party Article 6 structures, save for the Local Government Caucus and Parliamentary Caucus, have already expired. That ought to be obvious. And if it is, then clearly the judgment is legally unsound," Mlilo argued.

Mlilo remains optimistic that the appeal will succeed, pointing out that reasonable prospects exist for a different conclusion by a higher court.

As the CCC remains deeply divided, with rival factions continuing to trade accusations, this appeal is expected to further intensify the internal conflict within the party.