Story by Peter Chivhima, Courts Reporter
THE High Court has reserved judgement in the case in which 14 of the 15 recalled CCC legislators are seeking to be reinstated in Parliament.
This comes after they were recalled by the party’s Interim Secretary General, Sengezo Tshabangu.
Through their legal representatives, the legislators argued that Tshabangu is not a member of the CCC and he has no role to play in the internal processes of the political party.
They further argued that there is no evidence which shows that Tshabangu is the Interim Secretary General of CCC, hence his actions are fraudulent.
The CCC legislators also claimed that the Speaker of the National Assembly, Advocate Jacob Mudenda erred and accepted a recall letter from Tshabangu without taking any considerations whether he is a member of the party or not.
Tshabangu however maintained that he is the CCC Interim Secretary General and designated officer hence the party cannot disown him.
During the court hearing, it also emerged that the recalled legislators did not apply or cite CCC in their application.
In an interview after the court hearing, the speaker of the National Assembly’s legal counsel, Advocate Shingirai Hoko gave an overview of the court proceedings.
“I am representing the Speaker of Parliament and the President of Senate. What transpired in court today is that the CCC legislators who were recalled from Parliament are challenging the move by Sengezo Tshabangu who argued that the claim cannot be reached without involving the political party involved and in this case, the CCC. Also earlier on, they claimed that the Speaker of Parliament, Advocate Jacob Mudenda did not follow constructional obligations, but they later withdrew that and it means he is no longer involved,” said advocate Hoko.
The High Court reserved judgement before revealing that it will be handed down before the 7th of this month.
“As the party, we are happy that the processes today went well and the Judge reserved the matter, but revealed that the judgement will be delivered before the 7th of this month, which is the date proclaimed for aspiring candidates to submit nomination applications at courts,” said CCC deputy spokesperson, Honourable Gift Ostallos Siziba.
If the court rules in favour of Tshabangu, by-elections will go ahead on the 9th of next month to fill the vacant parliamentary seats.
