Judge Clips Tshabangu Wings

High Court Justice Neville Wamambo has ruled changes made to the opposition Citizens Coalition for Change (CCC)’s parliamentary leadership by self-imposed party secretary-general Senator Sengezo Tshabangu are “unlawful” and “ultra vires” the Zimbabwean constitution, thus null and void.

In the process, the judge exposed Tshabangu as a political impostor aided and abetted in his criminal political activities to undermine the opposition by Speaker of Parliament Jacob Mudenda.

The ruling against Tshabangu’s arbitrary reshuffle of the party legislature leadership and arrangements came as the court granted an urgent provisional order sought by CCC interim leader Welshman Ncube.

Tshabangu, positioning himself as leader of the opposition in parliament after seizing control of the party following the controversial 2023 general elections, pressuring out bona fide leader Nelson Chamisa, recently made a raft of changes to the CCC’s deployees to the Standing Rules and Orders Committee (SROC).

CCC leaders Lynette Karenyi Kore, Sesel Zwidzai and Edwin Mushoriwa were removed from their SROC positions and replaced by three other Tshabangu appointees.

Tshabangu has been stuffing the party structures and positions with his cronies after hitting a political jackpot as he took over the opposition with the secret assistance of pillars of the state; the executive, legislature and judiciary, as well as intelligence services at the behest of tje ruling Zanu PF.

The project was to destroy the opposition CCC, which is now captured, and cripple Chamisa.

For executing that mandate, Tshabangu was rewarded with a senate position, a car, house, money and prestige, as well as rubbing shoulders with rulers.However, after his recent CCC changes Ncube, Kore, Zwidzai and Mushoriwa went to court seeking a declaratory order that Tshabangu’s actions to remove the three lawmakers from their SROC positions be declared unlawful and in breach of the constitution, which Wamambo granted, barring Tshabangu from arbitrary recalls and reshuffles which destroyed the opposition and delivered it as a captured party to Zanu PF.

The applicants in the urgent court application were CCC, Ncube, Karenyi, Zwidzai, and Mushoriwa, and respondents included Tshabangu, Mudenda and Nonhlanhla Mlotshwa.

Wamambo ruled:”

1. The application be and is hereby granted.

3. The appointment of Nonhlanhla Mlotshwa as first applicant’s (CCC) overall Chief Whip, a position which does not exist under s 151(2) of the Constitution of Zimbabwe be and is hereby declared unlawful.

4. The reshuffle and deployment by first respondent (Tshabangu) of various elected members of Parliament of the first applicant (CCC) in the different portfolio committees that they were duly deployed to by the party is null and void.”

So, pending the determination of case number HC 6872/23 Tshabangu is interdicted from recalling or purporting to issue any letter of recall of any member of the National Assembly, Senate or Local Authority elected under the applicant or CCC ticket.

The argument by applicants was that the office bearers held office in the CSRO, but no longer hold such office which amounts to a recall.

“I also find that the position of Chief Whip is not sanctioned by the constitution and is thus unlawful,” Wamambo said.

“I agree that removing members from the CSRO and replacing them with others amounts to a recall.

“Effectively, first respondent disobeyed the order rendered in HH 652/23. In the totality of the circumstances, I find that the application is meritorious and should be granted.I am of the view that costs on a higher scale are uncalled for in such a case which seeks to clarify issues of importance to members of the same party.”The judge also concurred with Ncube’s submission that Tshabangu’s reshuffle was not in line with their internal procedures.

“He acted without lawful authority at all in effecting the re-deployments. He was on a frolic of his own and what he did does not reflect the collective and correct position of the 1st applicant (CCC),” Ncube said in an affidavit accompanying the urgent court application.

“He is a nonentity and it is surprising that the Speaker keeps entertaining him instead of the party.”Ncube also said there seems to be a strong element of collusion between Tshabangu and Mudenda, “which is embarrassing.”

The CCC interim leader also said redeployments constitute a recall as Tshabangu was removing certain members of parliament from their roles.

“In fact, he is in contempt of an extant court order. Further, it will be absurd that he be allowed to effect reshuffles when there is an order that bars him from recalling. I can state with confidence that Tshabangu has effected recalls in the guise of redeployment in violation of a court order.”

He was making reference to a December 2023 High Court judgement by Justice Tawanda Chitapi in which he ruled that pending the determination of an earlier application by the CCC challenging Tshabangu’s authority to recall MPs, he was barred from effecting any further recalls.

Ncube also said in appointing himself overall leader of the opposition in parliament, Tshabangu had placed himself above his seniors in the CCC hierarchy.

Since Chamisa quit the CCC, citing Zanu PF interference many opposition figures have claimed the party leadership, but the battle has boiled down to a fight between Ncube and Tshabangu.

The Tshabangu operation, which was driven by Zanu PF and government structures, has succeeded in capturing CCC, leaving democracy in a parlous state, whole subverting voters’ will expressed in the 2023 elections.

It has caused untold damage to opposition politics, leaving President Emmerson Mnangagwa and Zanu PF firmly ensconced in power without any serious challenge.

The situation has been further exacerbated by Chamisa’s disengagement from active politics, giving Mnangagwa a free rein and consolidation of his authoritarian reign.

Advocate Method Ndlovu, who represented Ncube, told The NewsHawks this evening the High Court judgement shows Tshabangu is a nonentity in the CCC.

“This is a very critical judgment in so far as the conduct and affairs of parliament are concerned,” he said.

“The judgment sets the law for political parties and the Speaker of Parliament and further emphasises the importance of the Committee on Standing Rules and Orders. Its implications are quite welcome in our jurisprudence. Ultimately, it clearly shows that Tshabangu is really a nonentity in opposition politics.”

Zimbabwe is currently reeling from deepening political and economic problems, but with the opposition practically in hiatus things will get far worse before they can get better, that is if they will at all if Zanu PF remains in power.