The application, submitted to the High Court, seeks to
interdict the Ministers of Justice and Finance from releasing ZiG 22 million
allocated to the CCC following the August 2023 general elections after a
government gazette was published on September 6, 2024 showing how much the
qualifying political parties would receive in terms of the Political Parties
(Finance) Act (Chapter 2:11).
This dispute centres on Tshabangu’s claim to be the interim
Secretary General of the CCC, a position the party disputes, further
complicating an ongoing internal leadership conflict.
Tshabangu’s actions, including recalling elected Members of
Parliament, have led to multiple court cases.
The CCC, which attached its constitution said to have ben
adopted by the Citizens National Assembly on 22 February 2022, argues that
disbursing funds to Tshabangu without resolving the question of his legitimacy
could cause irreparable harm.
The party’s application stresses that the funds should only
be released to its legitimate leadership, however, Tshabangu’s legal counsel
has expressed opposition to CCC’s application to block the political funds
disbursement, saying the funds are meant for the political party not
individuals.
The first applicant in the urgent chamber application is
CCC, which says it is a political party that is capable of suing and being sued
in its own name.
The second applicant, Youngerson Matete, is a registered
voter and tax payer. who claims has a legitimate interest in who receives the
money due to the Political Parties (Finance) Act.
Cited as the first respondent is the Minister of Justice,
Legal and Parliamentary Affairs (Ziyambi Ziyambi) and is responsible for
disbursing funds due to political parties in terms of the Political Parties
(Finance) Act (Chapter 2:11).
The second respondent is the Minister of Finance, Economic
development and Investment Promotion, (Professor Mthuli Ncube) he is
responsible for allocating funds to ministries in terms of the National Budget.
The money to be paid to political parties as gazetted by
the Minister of Justice comes from the Minister of Finance.
The third respondent is Tshabangu, who CCC said has been
quoted claiming the money that is supposed to be disbursed to the political
party.
According to the CCC, Tshabangu’s actions, including
recalling elected members of Parliament, are unauthorised and have resulted in
pending court cases.
“(Tshabangu’s) right and authority to represent (CCC) and
to do anything on its behalf has been challenged. Two cases are before the
Court regarding that challenge. It is only fair that the disbursement of the
funds due to the CCC be temporarily stayed pending the resolution of Case
Numbers HC 7321/23 and HCH 6872/23,” said the CCC.
“If the funds are disbursed to (Tshabangu) or to anyone other than the (CCC)there is no
way of recovering them.
The CCC further highlighted the urgency of the matter,
fearing that the Ministry could disburse the funds at any moment.
The application emphasised that the disbursement should be
halted until the High Court rules on the legitimacy of Tshabangu’s position
within the party.
In their application, the CCC reiterated that only the
party led by Chamisa during the 2023 elections is entitled to the funds.
Chamisa, however, resigned from the CCC early this year.
They accused Tshabangu of exploiting political confusion to
claim control of the party’s finances, stating, “Tshabangu has no capacity to
represent the CCC in any capacity.”
The party is seeking a court order to freeze the
disbursement of the funds until the ongoing legal cases are resolved.
In an interview with CITE, Tshabangu’s legal
representative, Nqobani Sithole of Ncube Attorneys, pushed back against the
CCC’s urgent chamber application to prevent the disbursement of funds under the
Political Parties (Finance) Act.
Sithole emphasised that the funds are intended for
political institutions, not individuals.
“It would be a travesty of justice to have this matter
heard on merit, really. There is nowhere in this country where such funds can
be distributed to an individual or an office bearer in an organisation,”
Sithole said.
Sithole clarified that the Political Parties (Finance) Act
stipulates that the funds are disbursed to the institution- the political party
– not to any specific officeholder, be it the Vice President or Administrator.
“Any assumption that an individual, whether in his personal
capacity or in his official position, shall receive any disbursement is, with
respect, not worth the intended attention,” he added.
Sithole also noted that the authority for signing or
accessing funds is determined by signatories registered at the bank, not
individual officeholders.
“Signing is not based on individuals or office bearers; it
is based on the signatories at the bank,” he said and added he was “not privy
to how the signatories are structured as that information is privileged.” CITE
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