CCC MPs recalled by ‘bogus’ SG take their appeal to Supreme Court
Main opposition Citizens Coalition for Change (CCC) MPs who were recalled by self-proclaimed party Interim Secretary General Sengezo Tshabangu filed an appeal at the Supreme Court challenging the High Court ruling that upheld their recall.
The 14 legislators submitted that the High Court judge erred in law by making a finding that the letters of recall by Tshabangu were valid.
They further submitted that the High Court made a mistake in finding that Tshabangu had authority to recall them.
“The Court a quo grossly erred in fact and in law when it made a finding that the Respondent (Tshabangu) proved that he had authority to represent and act on behalf of the Citizens Coalition for Change when there was no such evidence before it.
“The Court a quo grossly erred in law and in fact by dismissing the matter on the basis that the Citizens Coalition for Change had not been joined as a party to the proceedings when the same Court had made a finding that the non-joinder of the Citizens Coalition for Change was not fatal to the case,” the legislators submitted.
“The court a quo erred in law and in fact by making a finding that the membership of the Appellants and Tshabangu, the Citizens Coalition for Change and any alleged termination thereof could not be proved in the absence of the Citizens Coalition for Change when the evidence before it dictated otherwise.
“Having found that the involvement of the Citizens Coalition for Change was central to its determination, the court a quo erred in law by failing to join that party mero motu given that the law permits it to do so.”
The legislators are seeking the Supreme Court to grant their application by setting aside High Court judgement by Justice Munamato Mutevedzi.
They also seek the court to declare that Tshabangu had no authority to write letters on behalf of the CCC.
The recalled legislators want the Supreme Court to grant an order that they be deemed to be still Members of Parliament duly elected on a CCC ticket.
However the nomination court proceeded on Tuesday in Bulawayo and Harare.