CCC interim secretary-general Singiso Chabangu yesterday dealt another blow to embattled party leader Nelson Chamisa after High Court judge Justice Bisirae Kwenda ruled in favor of his request to delete the names of 23 party candidates from ballot papers for use in the February elections. 3 by-elections
Among those banned from contesting the elections that will be held in two weeks under the CCC banner are deputy spokesperson Gift Austalos Sziba who was a lawmaker for Pelandaba-Tshabalala, former leader of the opposition in Parliament Amos Chibaya who was a member of Mkoba North Parliament, and Stephen Chagwiza. who represented Goromonzi South.
Former Harare Mayor Ian Makone who was Ward 18 councilor is also among the 20 councilors removed from the ballot papers.
The 23 had defiantly filed their nomination papers under the CCC that had summoned them in the first place, in defiance of an earlier order by the Supreme Court prohibiting the sacked MPs from running for office in by-elections under the banner of the opposition party.
Chabangu’s victory in the Supreme Court therefore puts Chamisa and his faction in dire straits, as he has now clearly lost control of the party he formed two years ago.
Justice Kwenda made the order on the basis that the 23 candidates were no longer qualified to represent the opposition party when they were summoned by the party’s General Secretary.
“In fact the respondents were called by the first applicant and indeed vacancies have been created and by-elections have been called and will be held.
“Having observed the above, I find that the applicants have demonstrated or made a good argument to state the correct position that the respondents who have ceased to be members of the CCC and have not been reinstated will not contest the by-elections under the CCC.
“Therefore, an order has been issued that the names of the top 23 participants not be included in the ballot papers as members of the CCC,” he added.
Justice Kwenda urged the PCC to put their house in order while also chiding them for wanting to “move factions” to the Supreme Court.
He said that internal disputes in the Central Criminal Court have nothing to do with the Supreme Court.
“In the documents in front of me I see factions. Some people are not happy about the summons. I think this problem must be solved internally.
There are issues that the party must solve that should not concern me. These differences must be resolved.
“It is unfortunate that in making submissions, the defendant lawyers sought to move those factions in the Supreme Court to say that I should depart from the judgment given by my colleague Justice Katyo,” he said.
Justice Kwenda said he was guided by the precedent set during previous pronouncements of the Supreme Court.
“The court adheres to its previous decisions. The law requires the Supreme Court to follow its previous ruling. However, this court may not deviate from its previous ruling.
“In this matter, I have not received arguments that this case is no different from previous cases.
“I would normally be expected to follow the ruling given in previous rulings,” he said.
Chabangu’s lawyer, Mr Nkopane Sithole, said they were happy with the ruling.
“We are excited that our clients’ rights have been vindicated, and we have always known that there is only one CCC of course, and it is possible that there are factions within the CCC as the judge noted.
“It was always as clear as the sun rising in the east,” he said.
Mr Sithole said Chamisa’s faction did not appear to be learning from previous rulings.
He went on to strongly 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 the judge said that we have always said is that there is a need for dialogue and engagement within the party.
“Those who do not belong to the party should not claim to represent the party in these upcoming by-elections,” he added.
In an interview after the ruling, CCC’s lawyer, Obi Shafa, said the ruling had been made and he would therefore continue to consult with his clients.
“The court concluded that the MPs and councilors who were recalled by the CCC were still disqualified, and the court also concluded that they could not be on the ballot under the CCC banner because according to the court’s reasoning, they were called by the same party. They had submitted nomination papers,” he said. Hereby declares
