Prof Ncube, through his law firm Mathonsi Ncube Law
Chambers, last week filed an urgent chamber application at the Bulawayo High
Court seeking an order nullifying Mr Tshabangu’s decision to fire Chikanga
legislator and CCC leader of the opposition in Parliament, Ms Lynette
Karenyi-Kore and also removing Mr Edwin Mushoriwa from the post of chief whip.
He also replaced various Parliamentary Portfolio Committee
chairpersons with new ones.
In court papers, Prof Ncube sought an order barring
Tshabangu from making changes on CCC Parliamentary committee representatives,
citing Mr Tshabangu, Speaker of the National Assembly, Advocate Jacob Mudenda
and Ms Nonhlanhla Mlotshwa, the new opposition chief whip, as respondents.
In the application, the CCC party, Prof Ncube, Ms
Karenyi-Kore and Mr Mushoriwa want the court to stop Adv Mudenda from
announcing the changes by Mr Tshabangu.
In his founding affidavit, Prof Ncube said Tshabangu had no
authority to make changes in Parliament without resolution of CCC organs.
“I contend that neither first respondent (Mr Tshabangu) nor
second respondent (Adv Mudenda) has the authority to remove the fifth applicant
(Mr Mushoriwa) from his position as opposition chief whip in the National
Assembly without a resolution of the organs of 1st applicant, (CCC party),”
said Prof Ncube.
“I must state that the fifth applicant was appointed
democratically to that position by the CCC party following a formal resolution
of the Parliamentary Caucus of the first applicant, which resolved at a formal
meeting of the Caucus, to recommend the fifth applicant as chief whip of the
party in the National Assembly.”
Prof Ncube said the recommendation was accepted and
subsequently implemented by the party.
He challenged the appointment of Ms Mlotshwa as the chief
whip of the opposition, arguing that the position does not exist under the
National Constitution as well as the standing orders of Parliament.
“In appointing himself the overall leader of the opposition
in Parliament, the first respondent has placed himself above his seniors in the
hierarchy of the party thereby disrespecting the organisational integrity of
the party,” he argued.
Prof Ncube stated that from the self-appointed, and
non-existent position, Mr Tshabangu has waged a reign of terror against party
members in Parliament by constantly threatening them with recalls despite an
order by the High Court interdicting him from doing such recalls
The CCC has been plagued by internal divisions since its
former leader, Mr Nelson Chamisa resigned from the party in January this year
in protest following recalls of MPs aligned to his camp by Tshabangu.
Prof Ncube was subsequently appointed leader of the CCC
faction.
Mr Tshabangu, through his lawyer, Mr Nqobani Sithole of
Ncube Attorneys, filed a notice of opposition saying Prof Ncube has no
authority to represent or act on behalf of the CCC party.
“The second applicant (Prof Ncube) has not been able to
demonstrate a real and substantial interest in the declaratory in his personal
capacity, which is the first requirement for any person to bring a
declaratory,” he argued.
“On that basis, the second applicant is non-suited and his
affidavit must be struck off together with its annexures. As such, the entire
application must be dismissed with costs.”
Mr Tshabangu further argued that the matter is not urgent
as the urgency of the matter stems from Prof Ncube’s desire to stop the
announcements of the changes, which were already effected earlier.
“In any event, the attempt to interdict the announcement is
inconsequential and irrelevant as the announcement was meant for information
purposes only. Moreover, the third respondent (Ms Mlotshwa) is and has always
been the chief whip in the senate before the alleged changes and deployments,”
he said.
“The so-called resolution authorising the party to bring
this lawsuit does not speak to this issue at all. It is dated 23 January 2022
long before this legal dispute could have been envisaged, and at a time when
Nelson Chamisa was president of the party.”
Mr Tshabangu also disputed Prof Ncube’s claim that he was
the acting president of the CCC party.
“He was not appointed to act in that capacity in perpetuity
by the party. In any event, his term of office and that of the entire executive
along with him has expired,” he said.
“Wherefore, I pray that the points in limine and that on the merits of the urgent chamber application be dismissed with costs of suit on an attorney/client scale.” Chronicle
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