Ncube suspends Sengezo Tshabangu following damning High Court ruling

A faction of the Citizens Coalition for Change (CCC) has suspended Sengezo Tshabangu with immediate effect, following a High Court ruling that declared his changes to the party’s parliamentary leadership unlawful and ultra vires the Zimbabwean constitution.

The suspension was announced by the CCC’s Acting President, Professor Welshman Ncube, who cited Tshabangu’s actions as being in contravention of the party’s constitution.

The suspension is pending a disciplinary hearing, which will be conducted in accordance with the party’s internal processes.

“Acting in terms of Article 9.1.2.3 of the CCC Constitution the Acting President Prof Welshman Ncube has suspended Sengezo Tshabangu with immediate effect. This decision was made in light of Tshabangu’s actions, which were deemed to be in contravention of the party’s constitution.

“Tshabangu’s suspension is pending a disciplinary hearing, which will be conducted in accordance with the party’s internal processes,” Kurauone Chihwayi, presidential spokesperson, said in a notice.

The High Court ruling, delivered by Justice Neville Wamambo, nullified Tshabangu’s reshuffle of the party’s parliamentary leadership, including the removal of CCC leaders Lynette Karenyi Kore, Sesel Zvidzai, and Edwin Mushoriwa from their positions on the Standing Rules and Orders Committee (SROC).

The court also declared Tshabangu’s appointment of Nonhlanhla Mlotshwa as the party’s overall Chief Whip unlawful, as the position does not exist under the Zimbabwean constitution.

“The application be and is hereby granted,” Justice Wamambo stated.

“The removal of third (Karenyi) and fifth (Mushoriwa) applicants from their membership of the SROC in their ex officio and Opposition Chief Whip in the National Assembly by the first (Tshabangu) and second respondent (Mudenda) be and is hereby declared unlawful and ultra vires the Constitution of Zimbabwe.

“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.

“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.”

While the case HC 6872/23 is being decided, Tshabangu is barred from recalling or trying to recall any National Assembly, Senate, or Local Authority members elected under the CCC ticket.

“I also find that the position of Chief Whip is not sanctioned by the constitution and is thus unlawful,” the judge 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 suspension and court ruling come amid a deepening crisis within the CCC, which has been plagued by infighting and power struggles since the 2023 general elections.

Tshabangu, through the help of state institutions such as Parliament and Judiciary, grabbed the party from its founding leader Nelson Chamisa soon after the plebiscite.

He went on to recall MPs, senators, and councillors aligned to Chamisa, giving the ruling Zanu-PF party two-thirds majority in the process.

In January 2024 Chamisa resigned from the CCC arguing that the party had been infiltrated by President Emmerson Mnangagwa’s regime.