Those barred from contesting in the polls to be held in a
fortnight under the CCC banner include deputy spokesperson Gift Ostallos Siziba
who was legislator for Pelandaba-Tshabalala, former leader of the opposition in
Parliament Amos Chibaya who was Mkoba North Member of Parliament and Stephen
Chagwiza who was representing Goromonzi South.
Former Harare Mayor Ian Makone who was Councillor for Ward
18 is also among the 20 councillors to be expunged from the ballot papers.
The 23 had defiantly filed their nomination papers under
the CCC which had recalled them in the first place, defying an earlier order by
the High Court that prohibited recalled MPs from running for office in
by-elections under the opposition party’s banner.
Tshabangu’s High Court victory consequently casts Chamisa
and his faction in dire straits as he has now evidently lost control of the
party he formed two years ago.
Justice Kwenda issued the order on the premise that the 23
candidates had ceased to be eligible to represent the opposition party when
they were recalled by the party’s secretary-general.
“Indeed the respondents were recalled by the first
applicant, indeed vacancies were created, by-elections were called for and will
be held.
“Having observed the above I find that the applicants have
proved or made a good case to declare a correct position which is that the
respondents having ceased to be members of CCC and not having being reinstated
will not contest in the by-elections under CCC.
“Therefore, consequently it is ordered that the names of
the first to the 23 respondents shall not be on ballot papers as members of
CCC,” he ruled.
Justice Kwenda urged the CCC to put their house in order
while also reprimanding them for wanting to “transmit factionalism” into the
High Court.
The CCC’s internal disputes, he said, had nothing to do
with the High Court.
“On documents before me I see factions. Certain people are
not happy about the recall. I think this issue should resolved internally.
“There are issues the party should resolve and that should
not concern me. Those differences must be resolved.
“It is regrettable that in advancing arguments the
respondents lawyers sought to transmit that factionalism in the High Court to
say I should depart from the judgement my colleague Justice Katiyo made,” he
said.
Justice Kwenda said he had been guided by precedent that
had been set during the High Court’s previous pronouncements.
“The court abides by its previous decisions. The law
requires the High Court to follow its previous pronouncement. This court is
however, not prohibited to depart from its previous pronouncement.
“In this matter I did not receive arguments to the effect
that this case is not different from the previous ones.
“Ordinarily I would be expected to follow the ruling made
in the previous judgements,” he said.
Tshabangu’s lawyer Mr Nqobani Sithole said they were
delighted with the ruling.
“We are excited that our clients’ rights have been
vindicated, we always knew that there is only one CCC of course there could be
factions within the CCC as the judge noted.
“It was always as clear as the sun rising from the East,”
he said.
Chamisa’s faction, said Mr Sithole, seemed not to be
learning from previous judgements.
He went on to vehemently warn the 23 against
misrepresenting themselves as CCC candidates, while noting that Justice Kwenda
urged the party to put their house in order.
“One of the things that the Judge said which we have always
been saying is that there is need for dialogue and engagement within the party.
“Those that do not belong to the party should not purport
to represent the party in this coming by-election,” he said.
In an interview after the ruling, CCC lawyer Obey Shava
said the ruling had been made hence he would go on to consult his clients.
“The court made a finding that the Members of Parliament
and Councillors recalled by CCC remain recalled and the court also made a
finding that they cannot be on the ballot under the banner of CCC because
according to the Court’s reason they were recalled by the same party that they
filed the nomination papers under,” he said. Herald
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