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14 Recalled CCC Members Appeal To Supreme Court

1 year agoWed, 08 Nov 2023 14:29:25 GMT
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14 Recalled CCC Members Appeal To Supreme Court

The recalled Citizens Coalition for Change (CCC) members have approached the Supreme Court to overturn a High Court decision that dismissed their request to be reinstated.

The lawmakers were recalled by Sengezo Tshabangu, who claimed to be the party’s interim Secretary General, last month.

In dismissing the application, High Court Justice Munamato Mutevedzi said the CCC members’ application failed to prove that Tshabangu was an imposter.

CITE reported that the CCC members have gone to the Supreme Court to have their recall overturned.

The recalled MPs also filed their election nomination papers on Tuesday, 07 December, indicating they will run in the 09 December by-election.

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Meanwhile, Tshabangu, who also fielded parallel CCC candidates for the by-election, hinted at going to court to challenge the fielding of candidates he recalled.

In a Notice of Appeal dated 06 November 2023, the 14 recalled CCC MPs stated:

Take Notice that the Appellants, hereby appeal against the whole, final and definitive judgment of the High Court sitting at Harare (per Mutevedzi J) on the 4th of November 2023 under Judgment number HH601/23 and case number HCH6649/23 wherein the High Court dismissed an application for declaration of rights and consequential relief.

The recalled MPs cited Tshabangu as the first respondent, the Speaker of the National Assembly, Jacob Mudenda as the second respondent, and the Zimbabwe Electoral Commission (ZEC) as the third respondent.

The CCC members seek the following relief:

1. That the Appeal be allowed with costs to be borne by Tshabangu.

2. That the judgment of the court a quo be set aside and the following be substituted in place thereof:

a. The application succeeds with costs on a legal practitioner and own client scale against Tshabangu

b. It be declared that Tshabangu had no right or authority to write letters to the Speaker of the National Assembly, recalling the CCC members from the National Assembly.

c. It be declared that the recall of CCC MPs from the National Assembly by Tshabangu was illegal, null and void and of no force and effect.

d. The applicants be deemed to be still MPs duly elected as such on a CCC Political Party ticket.

e. Tshabangu and all those claiming or acting through him or on his behalf be and are hereby interdicted from interfering with the CCC members’ duties as MPs

f. Tshabangu be interdicted and restrained from effecting any further recalls.

In a post on X, CCC deputy spokesperson Gift Siziva said the effect of the appeal is that it suspends the decision of the High Court. He wrote:

We have noted an appeal in the Supreme Court against the High Court ruling on the fraudulent recall of the people’s representatives. The effect of the appeal is that it suspends the decision of the High Court.

Our position remains unchanged and unwavering. Sengeso Tshabangu is neither our member nor Interim Sec General because such a position does not exist in our movement.

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67 Comments

Gamatox · 1 year ago
We created this opposition-this meness-this thorn in ourflesh. We have failed the people and country. We are corrupt.We have captured the judiciary.We are giving away our wealth to China. We are hanging on to the throne.We must reflect and admit to a catalogue of mistakes and failures.We should bow our heads down in shame.We should go and NOW. CCC is our brainchild. It's here for real
Mutoriro Gamatox · 1 year ago
CCC has an impressive history of winning by elections so why worry.
Zum · 1 year ago
Zanu haichdiwa yava kuita kunge headless chicken in the name of Tshabhangu, trying to create a one party state after losing elections, the economy will humble you, now imposing a vendor zvazodhakwa Mugabe was visionary that's why he chased ED
.... · 1 year ago
u are right mface we scarf uyu is manipulative and decisive haana nyadzi kana conscience. on this guy Bhobho was ryt
Anonymous · 1 year ago
To hell with ZANU loser mbava taking Zimbabwe to the grave, Now imposing this vendor Tshabhangu henditone kumagumo kwakaipa, 45years distorying the life of people, lying to the people , now stealing people's vote chi baby cha e d munomama chete
ddd · 1 year ago
zvinoita vhete
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
Shuwa zvinoita. CCC ichatomwashuka. Ndakamboti ichatsemuka nepakati kunge chii zviya?
Ini Zvangu · 1 year ago
This means that the principle of "Suspension by operation of Law" comes into effect. Therefore Bye-elections can not be held until the appeal is heard in the Supreme Court.
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
Achaitwa. Nothing will stop them. 2/3 majority ichauya ku Zanu pf nenharo. Nyika yobva yatongwa
ini · 1 year ago
exactly 2/3 Ku Zanu not kuna Tshabangu that's y u are rallying behind him your sniffer dog
zmb · 1 year ago
wakaronga chi game chewapusawapusa uchirongera vamwe shasha haima kiziva kuti chinotenderera chi game chemurima shasha yazopepuka iriyo yapusa
Jah 🦓 Tsvarie-07 · 1 year ago
@ Worzell, copied dankie mie brul. i really want a way forward coz right now our country is stagnant and we need food on the table like yesterday. nyt, angels on your pillow 🙏
WORZELL GUMMIDGE · 1 year ago
@Jah Tsvarie. Rojer that my dear Trooper. I too 'am in need of solutions. Chamisa is our best option, & I had high hopes for him, but he is loosing the plot somewhere somehow. There is need for departments in the CCC, such as Strategic Planning Department, Research Department, Party Intelligence Department, Legal Department, Organising Department, Mass Mobilisation & Orientation Department, etc. etc. But that cannot be possible in the absence of a Constitution, Office Bearers, Nationwide party Structures and formal membership. By now, the International Affairs Department would have been running around, engaging SADC, AU, UN, EU etc. etc.
Cde Aratijiyesi · 1 year ago
Ndiyo inonzi "Wapusa Wapusa"
Jah 🦓 Tsvarie-07 · 1 year ago
@ Maparamuro, am not very sure but according to those who claim to know law they saying by submitting an appeal the recalls by tshabangu cease until supreme court judgement, also some say Chamisa is quiet coz his case is with SADC they spoke about all that happened before during and after elections including recalls and Sikhala, not sure how true that's why am saying am waiting to hear from those who spoke in that meeting when shared coz we have had many analysts on this Zim issue 😂
WORZELL GUMMIDGE · 1 year ago
@Jah Tsvarie. Hie. The Appeal does not reverse the recalls. It does not reverse the sitting of the nomination court. And it does not stop the by-elections. That's why everything is going ahead as scheduled. Why? Because, legally, an Appeal does not cancel a Presidential Proclamation. What the MPs are appealing against is the judgement of the High Court which stated that the MPs had failed to prove that Tshabangu is not the interim SG. As for SADC, it does not secretly invite individuals, because everything is openly tabled before the Heads of States' Summits. That way all parties have a right of reply. Im sure the CCC already tabled their grievences with the SADC secretariate which will foward to the Heads of States.
ndini · 1 year ago
trueth hurts, akadhakwa akadhakwa chete why remain silent while his so called people suffer
Shadows · 1 year ago
Nero atadza kumiririra ma mps ake, kkk angazogone kumiririra nyika yese. Kanotinyepera kakomana aka. ngavaende kunofudza mombe
Jah 🦓 Tsvarie-07 · 1 year ago
From today to 2028 I don't see the same old ZIMBARE 🇿🇼 those who live to witness the future will really enjoy life coz i see SADC cleaning Southern Africa for good. Am waiting to hear what was said inside Summit from all those who spoke🤔
Eish · 1 year ago
For once @Jah makes sense. As one commentator said yesterday the deafening silence from the Powers-that-be and their coterie of blabbermouths, Charamba Mangwana & Co. suggests that in spite of putting a brave face, something momentous must have happened in Angola. If Mwene Mutapa had gotten away with it, Charamba and Mangwana would have had a field day at Chamisa's expense. Manyarariro acho ane chirevo.
ch3nqp · 1 year ago
handiti.ndiwo ma.judge.avanoti.Theyre for ED nhasi.zvaita seyiko
maparamuro · 1 year ago
Interesting. The high court said it's the party that is supposed to approach the court not individuals. Chamisa still does not appear in this case. Am not a lawyer so will wait for the judgement to learn
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
It's gonna be interesting though.
Zuze · 1 year ago
@Maparamuro, a different court may see things differently. That's the whole essence of appeal.
Anonymous · 1 year ago
From their relief points, they are the same they presented to the high court and they are going to lose that case. Hapana zvavataura apa. All what they are saying is a lot of :We want so and so to be stopped, so and so to be set aside without saying and proving why. Wasted money on appealing to the supreme court. That appeal lacks facts
Zuze · 1 year ago
This is Notice of Appeal NOT Heads of argument. Any self respecting lawyer or student of law knows the difference. You don't put new evidence in a Notice of appeal. New arguments/evidence is presented in Heads of Argument.
Ed · 1 year ago
ZANU must fall
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
You wish
Anonymous · 1 year ago
Zany must fall everyday laying to the nation power hungry only want to rule they don't care, ZANU is threat to Zimbabwe
Shadows · 1 year ago
@ed, kkkk too late. It's ccc which is falling.
gg · 1 year ago
desperate loafers who thought they had secured employment through an election.
Anonymous · 1 year ago
Iwewe uneyi mbiti mauruya Zimbabwe in the name of revolution party mbava thinking Zimbabwe a fool ZANU bringing a vendor as CCC sg chihurume de chehumbava chinohwanda NEMA sanctions
☝️☝️☝️☝️☝️ · 1 year ago
asiri vendor ndiani nhaiwe ****???? because vending is selling and everyone sells a product or service inorder to survive
Yoyoyo · 1 year ago
😁😁 @Furhrer and @Fugu mazochidhakwa neWiwi yaED yemakuseni🤣🤣🤣. Varume ivava vanokara weti yechembere😂
moks · 1 year ago
It's called covering all the bases and avoiding Tshabangu from going to court first. For now it's checkmate
Me · 1 year ago
No checkmate .
ICBM · 1 year ago
whenever I hear about CCC,I think about Lawyers! so according to this publication,zviri kureva her kt nekuwanda kwakaita maLawyer eCCC vatoisa misoro pamwechete vakatoona zvakakodzera kut vaite appeal to supreme court nyaya yemarecalls just a day after filing their nomination papers? from my own perspective this is confusion at its climax, total madness !! What kind of drama is this ?so ku nomination court mainge maenda kunotsvagei, ummm ndakunyarirai ,if it's a dream ,can someone plz wake me up ,I don't think this is real ,akuna reality yakadai ,must be a dream chete
Independent · 1 year ago
Chamisa kuita kwake kunobhowa chokwadi uye zvinoita sokuti ndiye akatuma Tshabangu. Sure! sure! iye ndiye muridzi weParty (President) then Tshabangu odzinga maMps eparty yake achiti ndini secretary general kuenda kuCourt poshaikwa CCC yacho kt itaurwe kt mwana wayo wechokwadi ndiyani. Iiiiii Aya ndoomahumbwe manje. Kana iye Chamisa achiti all recalled legislators ndeve CCC ngaaende ka kuCourt kunotaura kwte kusvera paTwiter. CCC ndiyo ine yese panyaya iyi ngavataurire matare kt who belongs kwavari between Tshabangu and the Recalled lawmakers!!!!
Zuze · 1 year ago
@ICBM & @Independent you are oblivious to concepts of strategic planning and contingency management. Anyone with foresight will preempt every possible outcome and plan to act accordingly. As for Chamisa being quiet and silent, the English have a saying to the effect that if you have a dog, you don't do the barking. That's leadership for you unlike Mwene Mutapa whobis always officially opening every Blair Toilet and every classroom block. By so doing you cheapen your brand. As a leader you must manoeuvre in such a way that when you are scheduled to speak, peo6gear to listen. Not to be headline news on DeadBC every day. Ian Smith was such a master at this game. I laud Chamisa for not speaking at every turn.
Mkomana · 1 year ago
As long as there is weaponisation of institutions , these issues will remain controversial and mere matter of wasting time
fugu pfeee · 1 year ago
confused cockroaches in gamatox powder
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
Further Drama
Führer · 1 year ago
Izvezvi kanyarara kuti ziii ungati kakafa ka Chamisa
Anonymous · 1 year ago
Zanu using Tshabhangu to distroy The people struggle, Welcome to banana republic
🏃‍♀️ Chi baby Che Zanu 🌊 · 1 year ago
@fuhrer inonzi njake njake. Varikungoita chero zvavarota
Eish · 1 year ago
Nhai Hitler wenge uchida kuti Chamisa ati chii idzo nyaya dzichiri mumatare? The case is sub judice so as a lawyer he knows when to comment and when to shur up. Commenting at this stage is unbecoming for a member of the court.
Gudomhini · 1 year ago
ngavadzingwe handiti vairamba kupinda mu Parliament kuita basa? vamama dhemeti pasi ne ccc
gm · 1 year ago
hooo, kkkkkkk
CHAWABVUNZA · 1 year ago
Dear citizens Mr Tshabangu and the Twitter president advocate Chamisa have turned citizen movement into a laughing stock. Both of them are working in cahoots with Zanu PF. These two have turned the opposition into a useless movement that is incompetent. This is my story and I'm sticking to it. [ THE BUSH LAWYER4CCC].
Tambaofa · 1 year ago
fake Chawabvunza.
Cde · 1 year ago
Gate away you think zanu is Zimbabwe makajaidzwa ne zanu , ZANU must fall
Anonymous · 1 year ago
getaway iweeeee varakashi tokuzivai tomuda zvakadro president wedu
Shadows · 1 year ago
Appeal to have their recalls overturned, so y filing theirs papers for by elections. These guys are confused lyk their leader Nero.
Anonymous · 1 year ago
ED is the definition of confusion. we know whom we are dealing with. watch the space , kana wakatotorera munhu farm itorongedza uende zvichakanaka
WORZELL GUMMIDGE · 1 year ago
The Appeal to the SC is a good move and it does, as a matter of standard procedure, temporarily suspend the operation of the High Court Judgement until an appellate judgement is handed down. However, the appeal does not suspend the Recalls and it does not suspend the By-Elections. The appeal does not stop Tshabangu from urgently approaching the High Court for a different order barring the recalled MPs from contesting as CCC candidates, because, according to Tshabangu the MPs have ceased to be members of the CCC. In any case, Ostallos is legally ignorant. What has been filed with the SC is simply a Notice of Appeal. The Notice may be dismissed on the basis that the actual appeal has no prospects of success. The MPs have not shown that the High Court erred or misdirected itself procedurally or substantively, and they are not bringing in new facts. Like I already pointed out, too much is at stake to allow Zanu Pf to be humiliated again. The cost that has been sunk is too humongous to give back victory to the recalled MPs. The face to blame is on the CCC logo.
Mdara Odza · 1 year ago
You are oblivious to legal processes, this appeal is meant to deter that imposter called Tshabangu from taking any legal action against them. By 9 December, chances are the Supreme Court will not have sat for that matter, and Chamisa is going to call for a Congress before the end of November. The CCC legislators will win their seats come December, and Tshabangu will have no power over CCC, essentially that imposter will be in the septic tank of politics
Mwana waChamisa · 1 year ago
Wezero take take naBaba vangu everytime. Asi chii newe? Chamisa is to blame for everything. Ndaakufunga kuti igodo chete kuti Chamisa has achieved what you have failed. Kuti Chamisa ahwine 2½ million votes zvinoreva kuti pane zvaari kugona. Ti have survived the onslaught by ZANU since Save anointed him up to now, the man must be strong.
Anonymous · 1 year ago
You are just displaying your ignorance @Shadows This is just an appeal and and anything can happen
WORZELL GUMMIDGE · 1 year ago
@Mwana WaChamisa. Dondihwavozve nhai mwanangu Madyirapazhe. Handina ruvengo kana ruchiva naMukoma vangu Chitova Chamisa. Ndine rudo kwazvo. Handidi kuti varambe vongoresva zviri pachena. Ndinobwereketa idi, kuti tivonesane kuitira mangwani. Zvoga Hupenyu hwedu takaisa mumavoko echikomana chedu chezhira, chezheve nezhumu - Chamisa. Hino kano ongorambwa obika mahumbwe isu tichida raramo iri nane, chingarega here kuKalla?

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