CCC recall case: Judgment set for next week

Fidelis Munyoro-Chief Court Reporter

The High Court will deliver its judgment before nomination day next week in the case brought by 14 CCC legislators contesting their recall from Parliament by their interim party secretary general Sengezo Tshabangu.

Mr Tshabangu recently assumed the position of CCC interim secretary general and immediately recalled the 14.

The application by the 14 to find Mr Tshabangu had no authority to make the recall was heard yesterday before High Court judge Justice Munamato Mutevedzi who reserved his judgment to consider submissions made by the parties’ legal counsel. But he did promise to hand down judgment before November 7, the date on which the Nomination Court will convene, to receive nomination papers, for the pending by-elections next month.

The recalled legislators are seeking an order declaring Mr Tshabangu as having no legal authority to recall them from Parliament.

The CCC MPs and senators who had initially listed the National Assembly Speaker and Senate president as respondents, later withdrew their action against the two as well as the Zimbabwe Electoral Commission. They also apologised to Advocate Mudenda. 

The Speaker and Senate president are obliged to declare seats vacant if the political party that supported members then recalls them, and they have no discretion in the matter.

In their petition, the recalled legislators challenged Mr Tshabangu, who declared himself CCC interim secretary general when he affected the recalls, to prove his case.

They are also challenging Mr Tshabangu’s legal basis to cause their expulsion, claiming he was not a member of the CCC.  

By-elections will be held on December 9 in nine constituencies that fell vacant following the recalling — by their own party — of CCC constituency MPs, in terms of a proclamation by President Mnangagwa last month. 

The President is obliged to call for by-elections in terms of the Electoral Act, once vacancies arise. 

He also in terms of the law set aside November 7 as the date on which the Nomination Court sits.

CCC recalled 15 of its party legislators from Parliament, nine elected under first-past-the-post voting, while the other six were elected using the proportional representation system for women’s quota and senators. 

By-elections are needed to fill the nine constituency seats, while the CCC just has to present the six names of its preferred supporters to the ZEC to fill the proportional representation seats.

According to the proclamation for by-elections, President Mnangagwa listed the nine vacant constituencies: Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi and Nketa.

In the gazetted proclamation, the President said the Speaker of Parliament notified him on October 9 in writing of vacancies for the nine constituencies, triggering the sections in the Electoral Act that then obliged him to proclaim the by-elections.

Four nomination courts will sit at 10am on November 7.

Magistrate Court 5, Tredgold Building, Leopold Takawira Avenue, Bulawayo, will have the court for Bulawayo South, Cowdray Park, Lobengula-Magwegwe and Mpopoma-Mzilikazi constituencies. 

Harare Magistrates Court, Abdel Gamal Nasser Road (Rotten Row) will receive nominations for Mabvuku-Tafara. 

Lupane Magistrates Court will receive nominations of candidates for Lupane East and Binga North while Gwanda Magistrates Court will receive nominations for Beitbridge West.