Recalled CCC MPs Lose Appeal in Supreme Court, Rei...

Recalled CCC MPs Lose Appeal in Supreme Court, Reinstatement Bid Fails

Nyashadzashe Ndoro

The Supreme Court has dismissed the appeal by 22 recalled opposition Citizens Coalition for Change Members of Parliament, including Prince Dubeko Sibanda, dealing a blow to their attempt to regain their seats.

The court ruled that the appeal was improperly filed due to non-compliance with procedural requirements.

Previously, the High Court had rejected the MPs’ urgent application to overturn their recalls initiated by Sengezo Tshabangu, claiming he lacked the authority as interim CCC secretary-general. Justice Munamato Mutevedzi found Tshabangu’s recall letters adhered to constitutional requirements and that the MPs failed to present evidence contradicting his claims of authority.

“There is nothing to rebut that other than the belated and discredited letters of Nelson Chamisa. He (Tshabangu) went out of his way to prove what he ordinarily was not required to prove. The applicants (Prince Dubeko Sibanda and others) failed to produce their party constitution or any document which showed that the first respondent (Tshabangu) could possibly not have held the position he claimed he held. It was simply their word that he wasn’t.

“That is not enough. Contrary to counsel’s allegation that the first respondent (Tshabangu) conceded that he was not a member of the CCC party, his (Tshabngu’s) opposing affidavit has claims in innumerable paragraphs saying he is a bona fide member and official of that party with authority to write correspondences of recalls like he did. The onus to prove entitlement to the declaratory orders sought was on the applicants

“They have not established their case on a balance of probabilities as required by law and are therefore not entitled to the declaratur which they seek. The other relief was consequential upon the grant of the declaratur. It should also fail,” Justice Mutevedzi said in his ruling.

The Supreme Court’s dismissal, based on procedural shortcomings, upholds the High Court’s ruling and effectively ends the MPs’ legal challenge to their recalls. This means they cannot participate in upcoming by-elections to fill the vacant seats.