Court Puts Tshabangu Back On Top

Reconstructs His Political Career

Self-proclaimed main opposition CCC secretary-general Sengezo Tshabangu’s judicially constructed political career is back on track; the court has once again come to his rescue – for the umpteenth time.

High Court Judge President, Justice Mary Dube’s decision last week to nullify Tshabangu’s expulsion in February, saying it is unlawful and void as those behind it were no longer legitimate CCC leaders as their terms of office had expired, effectively restored him at the party helm as leader of the opposition in parliament,senator and interim secretary-general.

Tshabangu was helped to seize control of the CCC after the 2023 genral elections and hijack it to benefit Zanu PF by hidden political hands who were anti-former party leader Nelson Chamisa, parliament, the judiciary and the executive.

State security agents played a critical role in the political intrigue whose authors are well-known strategists and plotters.

The intention was to destroy Chamisa and the opposition, which has been partly achieved as CCC is now a practically an empty shell and a captured opposition at the service of Zanu PF, although some individuals are still resisting.

Having won his legal battle to nullify the Welshman Ncube-led CCC faction disciplinary committee’s decision to expel him from the party, Tshabangu has regained control and restored his utility to Zanu PF after he was expelled from his party following a disciplinary hearing on 12 February 2025.

Tshabangu was the applicant in the latest court case.

The first respondent was Sesel Zvidzayi, cited in his official capacity as the chairperson of the CCC national disciplinary committee.

The other respondents were Concilia Chinanzvavana and Gilbert Kagodora, the second and third respondents and fourth respondent Shepherd Mushonga, cited in their official capacities as members of the CCC disciplinary committee.

The fifth respondent was the CCC as a party.

Tshabangu had approached the court seeking relief on an urgent basis for a declaration that the CCC’s office-bearers and main organs elected on 26 May 2019 expired on 27 May 2024, hence their decision is null and void, and should be set aside.

The declaratur was brought in terms of s14 of the High Court Act [Chapter 7:06] as read with rule 59 (6) of the High Court Rules,2021.

In the alternative, he sought it to be declared that the appointment of the disciplinary committee, its members and conduct of disciplinary proceedings that led to his expulsion is ultra vires the disciplinary code of conduct of the party.

After hearing the parties, Dube allowed the application on the basis of a preliminary point raised by Tshabangu.

She then went on preside over the arguments and rule in his favour.

Factual Background from the judgment:

The dispute at hand pits the applicant Sengezo Tshabangu, who contends that he is the leader of the opposition in Parliament, a senator and the interim secretary general of the Citizens Coalition for Change [CCC], a political party.

The first respondent is Sesel Zvidzayi, cited in his official capacity as the Chairperson of the National Disciplinary Committee of the CCC, the party, that expelled the applicant from it.

The other respondents are Concilia Chinanzvavana and Gilbert Kagodora, the second and third respondents and the fourth respondent Shepherd Mushonga, cited in their official capacities as members of the said party’s National Disciplinary Committee.

The fifth respondent is the CCC.

The applicant’s case is based on the following synopsis.

The applicant was a member of the party until his expulsion. On 6 December 2024, Parliament’s Committee on Standing Rules and Orders (CSRO) resolved to appoint members of Parliament to leadership of portfolio committees.

On 10 December 2024, first and fifth respondents together with Welshman Ncube, Lynette Karenyi and Edwin Mushoriwa, filed an urgent chamber application for an interdict against the applicant and the Speaker of the National Assembly under HCH 5606/24, seeking an order to interdict the announcement of appointments of members of Parliament to the leadership of portfolio committees made by the CSRO on 6 December 2024 and to have the appointments of the CCC party’s members of Parliament to portfolio committees declared unlawful, null and void.

In the intervening time, the appointments were announced in the National Assembly on 10 December 2024 and in the Senate on 11 December 2024.

Wamambo J granted the interdict on 8 January 2025, which decision the applicant appealed. Leave to execute pending the appeal was dismissed.

The applicant averred that the office bearers of the party’s main organs and office bearers elected at the Gweru Congress on 26 May 2019, save for the Parliamentary Caucus and Local Government Caucus expired on 27 May 2024.

He submitted that no elections for new office bearers having been held, any office bearer elected at the Gweru Congress who continues to hold office does so unlawfully in breach of Article 6.2.2 as read with Article 6.2.3 (g) of the party constitution.

He contended that the first to fourth respondents having been elected at the Gweru Congress continue to hold their positions unlawfully and argued that the constitution of the party has no saving provisions which entitle the first to fourth respondents to continue holding office.

He claimed that not all of the terms of office of the leadership of the fifth respondent have expired contending that the term of office of the interim secretary has not expired.

In addition, he asserted that the appointment of the first to fourth respondents to the National Disciplinary Committee was done ultra vires the disciplinary code of conduct and regulations of the party, the code, is unlawful and irregular, their terms of office having expired.

He posited that as the interim Secretary of the party, he has no knowledge of the appointment of the first to fourth respondents to the disciplinary committee and never generated the notice or sanctioned it.

He challenged the authority of Welshman Ncube to appoint the disciplinary committee arguing that he is rotating by himself as Acting President contrary to the provisions of the constitution.

6. The applicant averred that he learnt through a notice on social media on 9 January 2025, that the purported office of the Acting President had suspended him from the party and position as Interim Secretary General, the leader of the opposition in Parliament and Senate with immediate effect.

In addition, that the notice was eventually served on him as a letter from a person purporting to be the Acting President of the party who purported to be suspending him.

He averred that on 5 February 2025, a defective notice of a disciplinary hearing without a charge and alleged acts of misconduct was generated by the fourth respondent purporting to act as the arbiter general of the party and was dropped off at his residence calling upon him to attend a disciplinary hearing on 12 February 2025.

He posited that he was not given timely notice of the hearing thereby impeding time to prepare for the hearing.

The applicant challenged the conduct of the disciplinary committee on a number of grounds.

Chief among the objections was a challenge on the jurisdiction of the disciplinary committee to try him, the venue of the disciplinary hearing which he said was held at a private property belonging to Willias Madzimure, a non-neutral venue.

He submitted that the failure by the first respondent to rule on objections he raised amounted to procedural irregularity.

He asserted that a request for recusal of the first respondent who was a party to pending matters before the Supreme Court under SC26/25 and High Court matters under HCH5606/24 and HCH275/25 was refused.

He averred that he can only be subjected to a disciplinary hearing after concurrence of at least two-thirds of the National Council members since he is a member of the Standing Committee as provided in article 12.1 of the Code.

He contended that the appointment, entire processes of the disciplinary Committee, decisions and actions are unlawful and illegal and his subsequent dismissal from the party null and void and liable to be set aside they having no force or effect.

It is against this background that the applicant challenged the disciplinary committee that found him guilty on four charges and expelled him from the party.

Judgement:

Accordingly, it is declared and ordered as follows:

1. The term of office of the first to fourth respondents and main organs elected on 26 May 2019 at the Gweru Congress, save for its Parliamentary Caucus and Local Government Caucus as set out in Article 6 of its Constitution expired on 27 May 2024 and hold office unlawfully and in breach of article 6.2.2 as read with Article 6.3.3(g) of the Party’s Constitution

2. The entire disciplinary process constituting the Disciplinary Committee that sat at number 60A Hibiscus Road, Lochnivar, Southerton, Harare on 12 February 2025 to deliberate and decide on allegations of misconduct levelled by the fifth respondent against the applicant be and are hereby declared null and void and are set aside.

3. The fifth respondent be and is hereby ordered to pay the costs of this application.