Nyashadzashe Ndoro
High Court judge, Justice Pisirayi Kwenda ruled in favour of the disputed opposition Citizens Coalition for Change interim secretary-general, Sengezo Tshabangu and expelled 23 recalled CCC MPs, including Amos Chibaya and Gift “Ostallos” Siziba.
CCC lawyer representing the 23 respondents, Obey Shava said the judge concluded that his clients filed nomination papers under the same party that recalled them.
“It’s important to mention that the court made a finding that the MPs and councillors who were recalled remain recalled.
“The court also made a finding that they cannot be on the ballot under the banner of CCC because, according to the court’s reason, they were recalled by the same party that they filed the nomination papers under. So, that is legally untenable, according to the court’s perspective,” he said.
Tshabangu took the 23 recalled legislators and councillors to court, citing a previous judgement that upheld his recall authority. He argued that the affected members were ineligible to contest under the CCC banner, accusing them of “contempt of court” and “forgery” for seeking nomination under the party’s name.
The ruling means that the 23 members will not participate in the February 3 by-elections.
Yesterday, the same judge Justice dismissed CCC's application, challenging Tshabangu’s recall of the affected members.
Justice Kwenda said the final determination of this could only be resolved by the summons case in which CCC-led Nelson Chamisa is accusing Tshabangu of being an imposter.
The summons matter is yet to be finished, but for now, Tshabangu has been stopped by the courts from making further recalls.
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