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"CCC Constitution Proves That Tshabangu Has Never Been The Interim Secretary-General" - Lawyer

1 year agoWed, 22 Nov 2023 07:37:01 GMT
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"CCC Constitution Proves That Tshabangu Has Never Been The Interim Secretary-General" - Lawyer

Brighton Mutebuka, a Zimbabwean lawyer based in the United Kingdom, has stated that the Constitution of the opposition party Citizens Coalition for Change (CCC) proves that Sengezo Tshabangu is not the party’s interim Secretary-General, as he claims.

Tshabangu has been making significant decisions on behalf of the party, such as recalling Members of Parliament and local government representatives on the grounds that they had ceased to be members of the party. However, some CCC leaders, including party president Nelson Chamisa, argue that Tshabangu is not a party member or its Secretary-General. They have, however, not provided evidence to prove this, even in court cases where recalled officials challenged their expulsion.

There is a document going around on social media that is said to be the CCC constitution. This document centralises party power in Nelson Chamisa. It read in part:

7.3 There shall be a leader and Change Champion in Chief (Adv Nelson Chamisa) who shall be the Administrator and President tasked by the citizens to champion, head and guide Processes of the movement in between sessions of the CNA until an elective citizen convention is held. The Change Champion in Chief shall be the chief spokesperson and chief representative of the CCC as well as the custodian of its documents, property and wellbeing.

Mutebuka believes that the party’s Constitution proves Tshabangu is an impostor and should have prevented these recalls from happening in the first place. His post on X read in part:

Click here: Pindula WhatsApp Channel
wa.me/channel/0029Vb4GVea90x2nCSDImS1b

 

a. The @CCCZimbabwe Constitution proves that the imposter is not & has never been the ISG he claims to be. That should have been enough to stop the purges at Parliament. The quality of the Constitution is an irrelevant consideration – it only becomes relevant in a different context – adherence to democratic ethos, a matter not under consideration!

b. @ZECzim is likely to have had a copy of that same Constitution & a letter from @nelsonchamisa since before the Aug 2023 elections & yet kept quiet & acted on Tshabangu’s illegal recall letters. That should have been enough to have avoided all recalls from the beginning!

c. Away from the understandable noise, if you look at the grim political reality, extrapolating from this, say if you were in a marriage & had been divorced several times & each time you were left financially & materially poorer, would you not consider employing an extreme measure to prevent such a recurrence?

d. Is the very bizarre fact that such as clear an imposter as Tshabangu has audaciously succeeded in recalling MPs belonging to a bona fide & different opposition political party not actually vindicate that the very extreme measure that @nelsonchamisa ended up taking was objectively & reasonably necessary to stem such an occurrence & was still not enough?

e. Tragically, is not the real question that the level of brutality & dictatorship that has now been established in Zimbabwe can now only be adequately met by such equally extreme measures – just to try and achieve survival?

f. The real question then to ask is, if such a demonstrably extreme & skewed Constitution is not enough to stop ED from hijacking an opposition political party & not for the first time, then what will be?

g. What ED is actually perversely doing is, on a dictatorship spectrum, to raise the level of extreme dictatorship to such an extent that, if an opposition leader tried to react to it to achieve preservation, the focus / spotlight would actually be on the opposition leader & the measures they have taken to respond to him & not ED’s conduct.

Mutebuka says that to understand the theory better, the focus should be on President Mnangagwa’s actions instead of just the CCC Constitution. He said when Mnangagwa took power, his opponents either ran away or were arrested. Mutebuka also says that ED has ignored the national and party constitutions many times.

He also said Mnangagwa uses different methods to stop his opponents, like using other people, keeping them in prison without a time limit, spreading false information, making them change sides, violence and pressuring other countries. Mutebuka said this raises concerns about fair competition against Mnangagwa because he doesn’t follow the rules and might manipulate things. He said the CCC made extreme rules in their constitution because they were afraid of Mnangagwa’s actions. 

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44 Comments

Lloyd m Chifurira · 1 year ago
so why the court is still reserving judgment. what can you do for judgment to be released?
Anonymous · 1 year ago
Mubikirwa uyu we document iri. Where was it when it was requested by the courts? CCC can only fool its supporters who are used to these lies and false hope statements. This document was cooked only to win Tshabangu case but guese what, vanyangira yaoona.
mai coco · 1 year ago
but mubikirwa wacho ka is meant to solve imba irikutsva. why murikusupporter constitution yaTshabangu imi musina proof yekuti iye akagadzwa nani muchisiya mutungamiri webato wamunoziva
vee · 1 year ago
ko constitution irikushandiswa naBhangu ndeyipi??!!
Mutebuka means ****yakaora · 1 year ago
am confused duly and ****
hopeless chonini · 1 year ago
hi guys i am an the road again, but flying in an airplane , so not really on a road, but im all lubed up and ready to go !!! thanks !!
skies · 1 year ago
yeah if MDC Alliance was hijacked like that and the courts couldnt save indoda , its was as needed that he rebranded to his own name but not necessarily for a reason of being a dictator but being very protective considering the unfair and lawless breakers. The proof is that they are still hijacking the party even with his own name. izanu ibuhlungu, akhula nthuthukho lapha..
· 1 year ago
A point well made. That's the essence of that Constitution. To make it hi-jack proof. period
primary teacher · 1 year ago
i see this as a funny case in primary school. Two pupils are sitting together writing an exam. pupil A copies pupil B word for word except for the name. when the teacher marks, he confronts the two pupils and pupil A somehow convince the teacher that it was his work and teacher punishes pupil B. the next exam , pupil B makes an effort to hide his work and pupil A responds to this by writing a fake exam paper with pupil Bs name and puts it on top. Now the teacher marked the first pupil Bs fake paper and recorded the poor mark. He's now faced with the original one and pupil B has to prove that the first paper (submitted by pupil A) wasn't his. That's how evil these pple are.
☝️☝️☝️☝️☝️ · 1 year ago
panongoitwa an oral exam mbavha yobuda pachena.
1
ini · 1 year ago
raingovepo asi hanzi harisi valid except raTshabangu risipo
🤣🤣🤣 · 1 year ago
😝😝😝
doug · 1 year ago
So what happened in court yesterday? Why is there no enthusiasm from those who spread the news, to let people know what judgement was given? Is the CCC party paying the lawyers for the so-called interim secretary general, as he even has on his side one of the best lawyers in the country who the President of the country sometimes engages, whose rates or fees should be among the highest in the country?
WORZELL GUMMIDGE · 1 year ago
@doug. FYI. The same lawyer, advocate Lewis Uriri, trained & mentored Thabani Mpofu in 2006-2007. Thabani did his internship with Lewis Uriri's firm at Construction House. Thabani and Uriri work on so many cases together. The same way Thabani and Chamisa worked together on the Zuva Petrolleum Case. We know who owns Zuva Petrolleum Company. Right now Tendai Biti is representing Gideon Gono, while Fadzai Mahere is representing Gono's opponents. Sikhala represented Walter Mzembi. So you see, Uriri is not a bad person for representing Government and Tshabangu. Thabani Mpofu handles NetOne cases and he represented Reward Kangai against Harare City Council. Lawyers and advocates do that. Their fidelity is to the law as servants of the court and they'll even represent the Devil if the billables & fee-note are hefty.
1
YASSER ARAFAT · 1 year ago
How I wish people had time to listen to facts like these, unfortunately, they don't listen. All they believe is that one man whose name is written in a constitution will overturn the current administration when that same man is failing to deal with Sengezo. Keep telling them Worzell Gummidge, they will eventually understand, vana vembwa havasvinuri musi umwe.
Jojo · 1 year ago
@worzell is right in saying that lawyers and advocates can represent anyone regardless of their political grounds but he's paying a blind eye to cases that interfere with party structures and constitutions because that's a completely different issue altogether. Like in this case, Sengezo is just an effect and Ed is the cause. He cannot solve the effect without stating the cause. You have to bath first before looking for the perfect perfume. It's completely unfair to judge Chamisa by his handling of Tshabangu case which is originating from an external hand.
· 1 year ago
Thank you @Jojo. Insightful
YASSER ARAFAT · 1 year ago
Where on this earth and in the history of constitutionalism have you seen a person`s name in an organization's constitution? It is also important to ask 666 kuti where has this constitution been all this while when Tshabangu has been wrecking havoc in the party? So Chamisa thinks he can play these Kindergarten games with every zimbabwean and get away with it? he can not do that kkkkk. He can only hoodwink bootlicking and praise singing 666 supporters not us, Shame on this youthful dictator!
Jojo · 1 year ago
Nowhere on this earth and in the history of constitutionalism have a person`s name been used in an organization's constitution..why? because of the extreme power hungry tactics of the ones ruling..if they hijacked the party MDC Alliance back in 2018, and still do it even when it has the name of the opposition leader what more do you expect here.By accusing Chamisa of the chaos caused by Tshabangu leaving his scarf boss/ father unearthed is merely hiding behind a finger because he is working for them. none of Tshabangus actions are benefiting CCC rather leaving loopholes for zanu thugs like Sakupwanya to override. A-looter continua
· 1 year ago
Go back to the GNU era @ Yasser Arafat and you will see a precedent.
@ · 1 year ago
Soon after the formation of CCC, we saw the proliferation of of other parties using the same CCC symbol ;
n b vee · 1 year ago
there was another party named " Ngaapinde mkomana"..that's how manipulative the scarfman is and that's why they had took the covert decision because it was needed as per that situation. EDs power hunger defy logic and has to be delt with differently and with extreme caution.
Anonymous · 1 year ago
wISE UP ccc SHEEP. Even social clubs have better constitutions than that. You really tell lawyers like, Biti and Constitutional Lawyer Welshman Ncube follow such ****e document?
bona fide · 1 year ago
still TB and WN were not responsible for the recalls. That's what Mutebuka is saying that you ZANU people draw the focus to the victim than the real perpetrator here
noted · 1 year ago
its a fact that CCC made that strategic ambiguity decision out of pressure in a bid to escape EDs manipulative behavior. Much truth has been said here
Alheit · 1 year ago
This is not a Constitution. If Chamisa dies as he is soon going to, will you keep that constitution with his name. Poor thinking Tripo Sviira.
Zuze · 1 year ago
It is an Interim Constitution. if as you say Chamisa dies. the Citizens National Assembly (CNA) can and will rightfully appoint another Champion-in-Chief. Q.E.D. Its not as if Chamisa's death will leave a total vacuum.
Alheit · 1 year ago
If Chamisa is replaced by someone it means that this constitution will not be valid for the knew leader.
WORZELL GUMMIDGE · 1 year ago
@Alheit. You have a legal mind. 👍👍
Alheit · 1 year ago
Thanks Worzell. Zuze what I was after is to prove that this constitution was fast and half baked just to avoid Tshabangu. Changes on other constitution as you profered were not about names and this is the first of it's kind
Zuze · 1 year ago
@Alheit, should it become necessary to appoint a new CiC, a simple amendment to the constitution will suffice. A Constitution, unlike Moses's Ten Commandments is NOT cast in stone. It is a live document, subject to amendments. The almost perfect US Constitution, written and adopted in 1776 has been amended 29 times to accommodate changing times. The unwritten English Constitution (that guides the United Kingdom has even been amended!!! Unlike my learned friend @Worzell, I don't think you have applied a legal mind to your statement.
Gidza · 1 year ago
A constitution, like any other statute, may be ammended to suit prevailing situation. This current one is infiltration-proof. Ko handiti hondo yana Tshabangu ndeyekuti pane varikuda 2/3 in parly to ammend the constituion yenyika here.
· 1 year ago
"Anyone who knows how ZANU used Khupe and Mwonzora to capture MDC-T, and how Mwonzora appropriated MDC Alliance just prior to the March 2022 by election will understand why CCC took the route it did, even putting Chamisa's face as the symbol. No Sir, @Anonymous it is not a joke. It was and still is the most pragmatic decision to make. Any other structure and interim constitution would have opened the doors to ZANU infiltration big time. CCC would not have survived to fight the 2023 elections. the Tshabangu debacle actually shows that this was a politically astute decision to make. Given this document, I can't see Tshabangu getting away with it in court. " I said that 22 hours ago in response to @Anonymous and he + another called me names. A lawyer 10,000 miles away echoes my sentiments exactly, without any exchange of ideas/information.
pliz check your headline · 1 year ago
what does your headline mean in engrish ? "...CCC Constitution Proves That Has Never Been The Interim Secretary-General..."
· 1 year ago
Typos do happen. But the sense is there. Simply insert Tshabangu somewhere and all falls in place
Alheit · 1 year ago
You are a liar This is wrong Grama and meaningless Ingirish. Revise written report before just throwing to us so that we can be your editors
WORZELL GUMMIDGE · 1 year ago
Mutebuka is reprobating and approbating at the same time. On one hand he admits that the CCC Constitution is a horrible document devoid of democratic substance. On the other hand he states that the CCC Constitution is / was a necessity in order to evade infiltration by Zanu Pf. You see, two wrongs don't make a right. Mixing black and white pigments will give you a dark Grey. Right now the CCC is in the sprectrum of dark Grey. The CCC is supposed to represent constitutionalism, transparency, rule of law, intra party democracy and other principle of good governance. Whereas, the currently circulating document runs counter to all democratic principles. Even on an interim basis, the CCC constitution is autocratic in that it vests all power in one person. In fact, the CCC constitution creates an absolute monarchy in Chamisa. Do not tell me that Chamisa will be democratic later when he removes Zanu Pf. You see, interim Constitutions have a way of mutating into substantive constitutions once the autocratic has fonsolidated his power and sorrounded himself with bootlickers and Yes-Men. Anything that starts on a wrong footing will surely go in the wrong direction. In any case, the recalled CCC MPs lost the first round in the high court because they failed to submit a constitution as proof. The document currently circulating seems to have been hastily cobbled up with the intention of consolidating Mukomana's power and safeguarding his position. Why? Because Tshabangu was planning on suspending / expelling Mukomana for misconduct, dishonesty and other allegations.
· 1 year ago
Your knowledge of Tshabangu's plans and next moves is very telling @Worzell.
Anonymous · 1 year ago
Mutebuka wacho ngaende ku court and represent all recalled members. Usaite sa Chamisa anotaura mupaper chete kana usiri we ZANU. The moment you talk ku pindula we know uri project

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