Defective suit costs CCC legislators at Supreme Co...

Defective suit costs CCC legislators at Supreme Court

Zim Now Writer

Defective paperwork has resulted in the Supreme Court dismissing an appeal to overturn a High Court judgment that validated the recall Citizens for Coalition Change representatives by disputed interim Secretary General Sengezo Tshabangu.

According to the court statement, the notice of appeal submitted by the CCC Members of Parliament failed to meet the requirements laid out in rule 37 (2) of the court's rules, rendering their case procedurally flawed.

Advocate Nqobani Sithole, representing Tshabangu said the CCC application was fatally defective.

Representing CCC Senators, Advocate Amanda Sihle Ndlovu admitted procedural misstep by the appellants through failure to follow the guidelines of Rule 37 (2) of the Supreme Court's which outlines specific criteria for the filing of legal documents, emphasizing the need for precision and compliance with established procedures.

“The MPs did not cite senators in their application and on the other hand, the latter did not cite the lawmakers,” said Adv Ndlovu.

Adv Ndlovu said this was despite that a unitary was handed down by the High Court.

The High Court ruled in favor of the Tshabangu recalls leading to the appeal under review.

Adv Ndlovu said the technical matter of the dismissal means there is room for fresh filing by the CCC legislators.

“The issue is more of a technical issue; it has nothing to do with the substance of the matter. It was an unprecedented point in the sense that there are not any authorities to say that, that is a fated defective issue.

“The appellants have a chance to refile those appeals in a manner that complies with this issue that has been raised,” Adv Ndlovu said.

By-elections for the constituencies freed by the recalls will be held on December 9.