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The Zimbabwe Electoral Commission (ZEC) has reinstated Mashonaland East Proportional Representation (PR) Member of Parliament Constance Chihota (Citizens Coalition for Change – CCC) following a High Court order instructing Parliament to reinstate the MP.
Chihota was among several CCC MPs who were recalled from Parliament by Sengezo Tshabangu in November 2023. The others recalled were:
<ul>
<li>Admore Chivero – Chegutu West Constituency</li>
<li>Stephen Chatiza – Goromonzi South Constituency</li>
<li>Gift Ostallos Siziba – Pelandaba Constituency</li>
<li>Tapfumanei Willard Madzimbamuto – Seke Constituency</li>
<li>Oliver Mutasa – Zvimba East Constituency</li>
<li>Amos Chibaya – Mkoba North Constituency</li>
<li>Emma Muzondiwa – Midlands PR</li>
<li>Machirairwa Mugidho – Masvingo PR</li>
<li>Monica Mukwada – Manicaland PR</li>
<li>Linnet Mazingaidzo – Harare Province PR</li>
<li>Dephine Gutsa – Mashonaland East PR</li>
</ul>
Through General Notice 1184 of 2024, ZEC chairperson Priscilla Chigumba announced the reinstatement of Chihota to the National Assembly. Reads the notice:
<blockquote>
THE public is hereby notified that on 19th July 2024, the High Court of Zimbabwe handed down a judgment through the High Court Order HCBC 488/24 instructing Parliament to reinstate Hon. Constance Chihota as a Citizens Coalition for Change (CCC) party member of Parliament representing Mashonaland East Province.
The Honourable member had been erroneously recalled by her sponsoring party on 7th November 2023. She is a member of the National Assembly by virtue of section 124(1)(b) and of the Constitution. The public is therefore informed that no vacancy exists among party-list members of the National Assembly following the said order.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabwe Electoral Commission (ZEC) put back CCC MP Constance Chihota after court said so. Others recalled too. ZEC reinstated Chihota in Parliament. ZEC chairperson Priscilla Chigumba announced this. High Court Order HCBC 488/24 told Parliament to put back Chihota since she represents CCC in Mashonaland East. Chihota was wrongly recalled in November 2023. ZEC says no empty spots in party-list MPs after this order.

ZEC Reinstates CCC MP Constance Chihota After High Court Order

Citizens Coalition for Change (CCC) disputed interim secretary-general, Sengezo Tshabangu, has recalled three councillors from Matabeleland North Province.
According to <a href="https://newsday.co.zw/southerneye/local/article/200027376/tshabangu-strikes-again">Southern Eye</a>, the councillors are Noliya Dube and Julia Mumpande from Binga Rural District Council, and Maria Phiri from Victoria Falls Municipality.
In a notice, Zimbabwe Electoral Commission (ZEC) chief elections officer, Utloile Silaigwana, confirmed the recalls. It reads in part:
<blockquote>
Now therefore the public is hereby notified that the Commission has received notifications, in writing, of party list vacancies for the Binga Rural District Council and Victoria Falls Municipality due to the recall of incumbent members from the respective local authorities…
</blockquote>
Tshabangu started recalling CCC MPs and Councillors in October 2023 after he claimed to be the party’s interim secretary-general.
With the assistance of State institutions such as Parliament, Tshabangu took control of CCC, forcing the party’s leader Nelson Chamisa to quit the party in frustration in January 2024.
Through the recalls and subsequent by-elections, ZANU PF managed to attain a two-thirds majority in the National Assembly which it had failed to get in the 2023 general elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Recalls Three CCC Councillors

The opposition CCC has nominated five candidates to fill the vacancies in the Senate that arose following the recall of five of the party’s senators by Sengezo Tshabangu, who claims to be CCC’s interim secretary general.
They include former Harare Central MP, Murisi Zwizwai, a long-serving opposition legislator.
The names of the nominees were announced this Friday, 12 April 2024 by Zimbabwe Electoral Commission (ZEC) chairperson Priscilla Makanyara Chigumba in General Notice 460 of 2024. She said:
<blockquote>
The public is hereby notified, in terms of 39(6) of the Electoral Act [Chapter 2:13], that the Citizens Coalition for Change (CCC) party has nominated registered voters specified in the First Schedule, to fill the vacancies in the Senate that occurred following the recall of persons specified in the Second Schedule, who were members of the Senate for the provinces opposite their names by virtue of section 120(1)(a) of the Constitution.
Any voter wishing to object to the nomination of each of the persons specified in the First Schedule, may lodge them in writing with the Chief Elections Officer, Mahachi Quantum Building, corner Kaguvi Street and Jason Moyo Avenue, Harare, or post them to Private Bag 7782, Causeway, within a period of 14 days from the date of publication of this notice, setting forth the reasons for the objection.
</blockquote>
Those specified in the First Schedule are Zwizwai, Tambudzai Kunaka, and Moses Manyengavana, all of Harare Province, and Spiwe Munemo and Tawanda Bvumo, both of Mashonaland West Province.
While the origin of the five candidates’ nominations remains uncertain due to CCC’s factional divisions, it is logical to assume that Tshabangu submitted their names to ZEC as he is the only CCC member who has the authority to recall Members of Parliament who is recognised by State institutions.
Former CCC senators, specified in the Second Schedule were recalled by Tshabangu last year. They are Vongai Tome, Webster Maondera, and Jameson Timba, all from Harare Province, and Editor Eremenziah Matamisa and Ralph T. Mangunje, both from Mashonaland West Province.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Nominates Murisi Zwizwai For Senate Seat

A faction of the Citizens Coalition for Change (CCC) claims to have recalled senators who were sworn in on Tuesday, saying they were chosen by a faction led by Welshman Ncube, Tendai Biti and Lynette Karenyi Konye under the proportional representation quota, reported <a href="https://www.newzimbabwe.com/ccc-faction-recalls-tshabangu-linked-senators-after-serving-first-day-in-parliament/">NewZimbabwe.com</a>.
Former Entumbane-Makhandeni lawmaker Dingilizwe Tshuma who claims to be the CCC chairperson working closely with Albert Mhlanga, wrote to the Speaker of Parliament recalling Kucaca Phulu, Lilian Mlilo, Linda Sibanda and Collet Ndlovu.
Phulu is a former People’s Democratic Party (PDP) party vice president and he was Sengezo Tshabangu’s attorney during the infamous recalls.
Speaking to Studio 7 last night, Mhlanga accused Tshabangu of unilaterally hand-picking former PDP members to be CCC senators. He said:
<blockquote>
Yes, we had a meeting where we resolved to recall them because Sengezo Tshabangu single-handedly picked former People’s Democratic Party members where he belonged with Tendai Biti and Jacob Mafume.
We are CCC which was led by Nelson Chamisa so these PDP members never stopped fighting in the party from the days of the late Morgan Tsvangirai who is the former founding president of the Movement for Democratic Change.
</blockquote>
The posts fell vacant following the recalling of the sitting senators by Tshabangu, who still claims that he is the interim secretary general of the opposition CCC party.
The 13 legislators in both the Senate and the National Assembly were replacing those who were recalled by Tshabangu last year.
They were all party list seats where parties were allocated numbers based on their support in the August elections.
Senators who took the oath of office were Sengezo Tshabangu, Lilian Mlilo, Kucaca Ivumile Phulu, Linda Sibanda, Colleta Ndlovu, Sam Chapfudza, Maxwell Mdhluri Teresa Kabondo and Grace Mumpande.
In the National Assembly, those who took oath were Nomvula Mguni, Otilia Sibanda, Lungile Ncube, Sibongile Maphosa and Sikhuphukile Dube.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC Faction "Recalls" 4 Newly-appointed Senators

CCC activist Sengezo Tshabangu, who claims to be the party’s interim secretary general, and eight other party members were appointed senators with effect from 01 March 2024.
The Zimbabwe Electoral Commission published General Notice 293 of 2024 in the Government Gazette notifying the public that Tshabangu and eight others had been appointed as Senators with effect from 01 March.
The appointed Senators, who are expected to be sworn in next week, were nominated by a CCC faction led by Tshabangu to fill the vacancies in the Senate following the recall of incumbent members.
The appointed Senators are: Mlilo Lilian (Bulawayo), Phulu Kucaca Ivumile (Bulawayo), Sibanda Linda (Bulawayo), Ndhlovu Collet (Bulawayo), all from Bulawayo province; Mdhluri Maxwell (Manicaland); Chapfudza Sam (Masvingo); Kabondo Teresa (Matabeleland North), Tshabangu Sengezo (Matabeleland North) and Mumpande Grace (Matabeleland North).
ZEC also gazetted the following women’s quota members who were nominated by Tshabangu to fill the vacancies in the National Assembly following the recall of incumbent members by Tshabangu.
Those who have been appointed to the National Assembly with effect from 01 March 2024 are: Mguni Nomvula (Bulawayo); Sibanda Otilia (Bulawayo); Ncube Lungile (Bulawayo); Dube Sikhuphukile (Bulawayo); and Maphosa Sibongile (Matabeleland South).
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu, Eight Others Appointed To The Senate

CCC acting president Welshman Ncube has denied allegations that he was Sengezo Tshabangu’s handler and responsible for the recalls of the party’s Members of Parliament and Councillors in 2022.
There were claims that Ncube and Tendai Biti were behind Tshabangu and were using him to decimate the opposition party to spite party leader Nelson Chamisa.
However, speaking to <a href="https://cite.org.zw/ncube-denies-controlling-tshabangu-blames-him-for-ccc-recalls/">CITE</a>, Ncube said he only got to know about the recalls when a friend based in the diaspora called to inform him. He said:
<blockquote>
The truth of the matter is that I, as an individual, first learned about the first wave of recalls from a friend in the diaspora.
They called me and said, ‘Nelson Chamisa has recalled people.’ I said, ‘No, that’s not possible.’ They insisted there was a letter in parliament recalling people.
I said, ‘It’s not possible. Give me the names of the people who have been recalled.’
They gave me the names, and I said, ‘Chamisa can’t recall the names of the people you are saying, because some of them are his closest friends and allies. It’s not possible.’
They said there was a letter, and they sent the letter signed by Sengezo Tshabangu.
I said, ‘But Tshabangu is not the interim SG of CCC.’ I called him asking if he signed it, and he said, ‘Yes, I wrote it.’
I said, ‘Like how? You do this without even telling some of us?’ He said, ‘We knew,’ using a plural pronoun, ‘we knew that you would not approve, but we did it.’
</blockquote>
Ncube said the second wave of recalls occurred while he was mourning his late mother. He said:
<blockquote>
The people who came to the funeral said to me, ’73 people have been recalled,’ and I said, ‘Really?’ They said, ‘Yes, the letters have gone.’
I again called Tshabangu and said to him, ‘Have you recalled these people?’ He said, ‘No, I haven’t recalled people.’ 
So, I assured people that I had spoken to Tshabangu, and he said he has not recalled anybody.
Then when 23 people were recalled, I called him again. I said, ‘But you said you haven’t recalled anybody.’
He said, ‘No, I said I hadn’t recalled 73 people. I didn’t say I hadn’t recalled anybody.’
I said, ‘But surely you should have then said it’s not true that 73 people have been recalled, only 23 people have been recalled.’
So, this couldn’t have been happening if Tshabangu was not his own man. If Tshabangu was controlled by me, and I know for a fact that VP Biti didn’t control Tshabangu, he was as much in the dark as I was.
</blockquote>
Chamisa eventually quit CCC alleging the party had been captured by ZANU PF through proxies.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

"Tshabangu Was Acting Alone", Welshman Ncube Denies Complicity In CCC Recalls

Political analysts have warned Citizens Coalition for Change (CCC) Members of Parliament and ordinary members against leaving the party in solidarity with Nelson Chamisa as they not be part of his future plans.
Speaking to <a href="https://www.newsday.co.zw/local-news/article/200022797/cracks-emerge-in-chamisas-blue-movement">NewsDay</a> on Tuesday, 06 February, political analyst Ricky Mukonza warned that lawmakers and supporters leaving the CCC to follow Chamisa may find themselves in the political wilderness. Said Mukonza:
<blockquote>
There is no doubt that Mr Chamisa is the most popular leader in the opposition circles at this point, however, the situation that is there is a very tricky one.
He quit CCC and those that claim to be loyal to him are following him. Some MPs have already resigned following him.
On the part of those that have resigned, it’s quite a risky move that they have taken because it’s not very clear whether they are part of the plan of Mr Chamisa.
</blockquote>
Mukonza also warned Chamisa that if he forms a new party, he may have the same problems he encountered in CCC since he will be starting with some of the people he worked with in CCC. Said Mukonza:
<blockquote>
There are no brand-new people. Mr Chamisa is going to move to the new political entity with the same people that were in CCC.
He may think that he will succeed in leaving behind those he thinks were problematic for him, but he may equally find the same problems with those that are going to join him.
</blockquote>
Another political analyst Effie Ncube said that Chamisa and his colleagues should avoid the pitfalls that resulted in CCC’s implosion. He said:
<blockquote>
It’s important that the new movement, with its millions of supporters, avoids the pitfalls of division right from the outset. These are the fractures that end up bringing down organisations.
At this stage, conceptual clarity among top leaders is key so that there is unity of purpose. Grievances can grow if not proactively tackled.
</blockquote>
Professor of World Politics at the University of London’s School of Oriental and African Studies Stephen Chan said:
<blockquote>
Those who sacrificed their Parliamentary careers or left the CCC to follow Chamisa must not be left on the wayside.
The country will not follow him otherwise. He cannot begin again to think he can go it alone.
Otherwise, his new movement will again be seen as a one-man-band, and not as something led by a future president of millions of people in an entire country.
</blockquote>
Fadzayi Mahere and Allan Norman Markham, who were elected Mt Pleasants and Harare East MP respectively, in the 2023 general elections, resigned from Parliament in solidarity with Chamisa.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

"You May Not Be In Chamisa's Plans", CCC MPs Warned Against Resigning

Disputed interim Citizens Coalition for Change (CCC) secretary-general Sengezo Tshabangu said the party will win the Pelandaba-Tshabalala constituency in today’s by-election.
Speaking to <a href="https://newsday.co.zw/southerneye/news/article/200022620/tshabangus-ccc-confident-of-victory">Southern Eye</a>, Tshabangu’s spokesperson Khaliphani Phugeni expressed confidence their candidate, Moreblessing Tembo, will win. He said:
<blockquote>
Campaigning was very peaceful, we were going door-to-door, which we found to be a very effective method of selling our candidate to the voters and we do it with the candidate so she can meet the voters face to face.
They asked questions and she answered, we also distributed flyers and pasted posters.
We feel the ground is fertile and we are very optimistic of a win.
</blockquote>
ZANU PF Bulawayo provincial spokesperson Archibald Chiponda, however, said their candidate Joseph Tshuma, a former MP for Mpopoma, is not an outsider but is known in the constituency. Said Tshuma:
<blockquote>
He is a known member of the Bulawayo community he is seeking to represent. We are coming from general elections and more by-elections, so we are prepared in terms of campaign preparedness, this is something as an organisation we are very used to.
</blockquote>
The Pelandaba-Tshabalala National Assembly constituency seat was won by CCC’s Gift “Ostallos” Siziba in the 2023 general elections but he was later recalled by Tshabangu.
Siziba successfully filed nomination papers to contest the seat in today’s by-elections on a CCC ticket but Tshabangu obtained a court order to bar him (Siziba) and more than 20 other candidates from running under the party’s banner.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu’s CCC Confident Of Victory

The Zimbabwe Electoral Commission (ZEC) says it is 100 per cent ready to conduct by-elections this Saturday, with the distribution of ballot papers already done.
ZEC vice chairperson Rodney Kiwa said that about 230 400 ballot papers have been printed for the six constituencies, while 136 850 ballot papers were printed for local authority by-elections.
552 polling stations will used in the by-elections.
Six National Assembly constituencies will be having by-elections, that is, Seke, Goromonzi South, Pelandaba-Tashabalala, Chegutu West, Zvimba East, and Mkoba North.
On Friday, disputed CCC interim secretary-general Sengezo Tshabangu successfully obtained leave of the High Court to execute the court’s judgment, granted two weeks ago, barring the 23 CCC party candidates from contesting in the by-elections.
Justice Pisirayi Kwenda, who presided over the case a fortnight ago, ruled in Tshabangu’s favour again and granted the latter leave to execute pending an appeal by the party’s recalled elected representatives in the Supreme Court.
Those barred from contesting in the polls on a CCC ticket include deputy spokesperson Gift “Ostallos” Siziba who was a legislator for Pelandaba-Tshabalala, the former CCC Chief Whip Amos Chibaya who was Mkoba North Member of Parliament, and Stephen Chagwiza who was representing Goromonzi South.
Former Harare Mayor Ian Makone who was Councillor for Ward 18 is also among the 20 councillors who were barred from contesting in today’s by-elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZEC Says Ready For Today’s By-elections

The High Court in Harare on Friday, 02 February granted CCC’s disputed Interim Secretary General, Sengezo Tshabangu, leave to execute pending an appeal by the party’s recalled elected representatives in the Supreme Court, the court’s judgment which removed the names of the affected members from the ballot papers for tomorrow’s by-elections.
Tshabangu approached the High Court after the former MPs and Councillors, whom he recalled, among them Amos Chibaya and Gift “Ostallos” Siziva, successfully filed nomination papers to contest the 03 February by-elections.
The former CCC MPs and councillors then appealed against the High Court ruling at the Supreme Court, which is yet to make a ruling on the application.
Since it is a generally acceptable principle that at common law the noting of an appeal suspends the operation of a judgment, Tshabangu approached the High Court to ensure that the ruling that barred the recalled members from running in tomorrow’s by-elections, is enforced pending appeal.
In his ruling, Justice Pisirayi Kwenda declared:
<blockquote>
The application be and is hereby granted.
The applicants be and are hereby granted leave to execute this court’s judgment in case no HCH 197/24 pending the appeal in case no SC44/24.
Each party shall bear its costs.
</blockquote>
This means that the likes of Chibaya and Siziva will not stand for Mkoba North and Pelandala-Tshabalala, respectively, as CCC candidates in the 03 February by-elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

03 Feb. By-elections: High Court Shuts Door On Chibaya, Ostallos

Sengezo Tshabangu says he should not be blamed for CCC’s failure to field candidates in five council wards ahead of the 03 February 2024 by-elections.
Tshabangu obtained a High Court order to nullify the nominations of the recalled CCC candidates in the five wards, allowing ZANU PF to take the seats uncontested.
The Zimbabwe Electoral Commission (ZEC) subsequently declared the five ZANU PF candidates the winners of the wards in Harare, Chiredzi, and Manyame RDC.
Critics accused Tshabangu of working with ZANU PF to decimate the main opposition representation in parliament and local authorities since he did not field candidates for the wards.
Reached for comment by <a href="https://www.zimlive.com/tshabangu-shifts-blame-in-poll-candidate-debacle/">ZimLive</a>, Tshabangu, who claims to be CCC’s interim secretary general, said he was not the one who chose candidates. He said:
<blockquote>
It is not my responsibility to field candidates. It is the responsibility of the people in that particular ward that has been affected.
As the officer who is there to implement the policies of the party, I’m guided by the principle that, if a member ceases, then he cannot stand whatsoever in that particular banner to represent the people.
This was not a Tshabangu thing. It was a collective thing. This is why you have seen this programme has been consistent. 
If it means we remove everyone, we will do so. It doesn’t matter because that is the principle.
We cannot change goalposts because today, there is Ostallos (Siziba) or (Amos) Chibaya.
The principle applies to anybody.
They knew that Tshabangu was going to come for them so there was no point for them to file.
</blockquote>
Tshabangu has repeatedly dismissed claims that he was a ZANU PF stooge, saying he was “targetting criminals around the president” and removing candidates that were imposed on the electorate in the run-up to the August 2023 general elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Rejects Blame For CCC's Failure To Field Candidates For By-elections

The Zimbabwe Electoral Commission (ZEC) said that it is ready for the 03 February 2023 by-elections.
The by-elections were necessitated by the recall of sitting MPs and councillors, who were elected under the CCC banner in the August 2023 General Elections, by disputed interim secretary-general, <a href="https://pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a>.
ZEC vice chairperson <a href="https://pindula.co.zw/Rodney_Kiwa">Rodney Kiwa</a> on Monday told <a href="https://www.herald.co.zw/all-in-place-for-feb-3-by-elections/">The Herald</a> that the printing of ballots started on Saturday, while training of officials to run the elections is currently underway.
Kiwa also said at least 230 000 ballot papers for the National Assembly elections will be printed and 144 000 will be printed for the local authorities’ polls. He said:
<blockquote>
We had budgeted for plus or minus US$6 million, but now that there will be fewer people on the ballot papers, I think the budget will also go down.
Yes, our constituency election officers, ward election officers, election agents and everyone else underwent a training programme for the election to make sure that everyone is clear about what is expected of them on election day.
We have 552 polling stations, election material and equipment in place and we are printing 230 400 ballot papers for National Assembly then 144 000 for local authorities and this will be done by the printing and minting company of Zimbabwe.
</blockquote>
On 19 January, the Harare Division of the High Court upheld a challenge by Tshabangu to bar 23 recalled National Assembly and local authorities candidates from participating in the polls. Said Kiwa:
<blockquote>
Everything is now in place, like I said earlier the only thing that was keeping us anxious was the court decision, but now that has been decided and finalised so we are good to go.
We just want to appeal to people to be peaceful and turn out for the elections, please exercise your right it’s important and it’s an opportunity to decide your leadership.
So, we expect people to exercise their constitutional right, we encourage and it’s part of our voter education.
</blockquote>
Those barred from contesting in the polls under the CCC banner include deputy spokesperson, Gift Ostallos Siziba who was the MP for Pelandaba-Tshabalala, the former leader of the opposition in Parliament Amos Chibaya who was also Mkoba North MP, and Stephen Chagwiza who was representing Goromonzi South.
CCC spokesperson Promise Mkwananzi on Tuesday said the party will challenge the High Court ruling at the Supreme Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

All In Place For 03 February By-elections

Citizens Coalition for Change (CCC) lawmaker <a href="https://pindula.co.zw/Chalton_Hwende">Chalton Hwende</a> has challenged the opposition party to ditch the legal route and instead, devise a political strategy to save the party from disintegration.
Last week, the CCC led by Nelson Chamisa lost another court battle to disputed interim secretary general Sengezo Tshabangu after his High Court application seeking an order to bar Members of Parliament he recalled from contesting in the 03 February by-election was granted.
The High Court ruled that Gift Siziba, Amos Chibaya and other candidates cannot stand as CCC candidates in the upcoming by-elections.
Posting on X (formerly Twitter), Hwende called on his colleagues in CCC to devise a political strategy to save the party from imploding. He wrote:
<blockquote>
The Judgement barring our 23 Candidates from participating in the upcoming by-election is wrong and very unfortunate. Democracy and the rule of law are under attack. This is the time we need a political solution. Let’s ditch the courts and go political to save the people’s movement. Our leader is Nelson Chamisa and the party which you voted for is the only authentic people’s movement, united we can win Zimbabwe for change. Let’s save democracy, let’s save Zimbabwe!
</blockquote>
CCC spokesperson, Promise Mkwananzi said the recalled MPs are being punished for supporting Chamisa. He wrote on X:
<blockquote>
Their (Siziba and Chibaya) crime: loyalty to Chamisa and faithfulness to the struggle. Other than Chamisa himself, they worked the hardest, traversing every corner of the country and introducing the new party: the Citizens Coalition For Change to the masses of the people of Zimbabwe from the new party name, the new slogan, the new structure to the new strategy and many more.
Explaining why we had to form a new party and convincing the sceptics that it was the best way to go.
Even in the face of illegal recalls they stood firm and chose to go with what is right no matter the consequences and the price at a personal level.
These are the calibre of people’s representatives that this country needs. We salute and commend them. We shall continue to fight for the people’s voice to be respected in Zimbabwe.
</blockquote>
CCC is now in a precarious position after Parliament, the courts and the Ministry of Local Government and Public Works allowed Tshabangu to recall the party’s MPs and councillors with reckless abandon.
As a result, ZANU PF claimed more seats in the 09 December by-elections and is now on the verge of attaining a two-thirds parliamentary majority.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Hwende Says Legal Route Will Not Save CCC

The Minister of State for Midlands Provincial Affairs <a href="https://pindula.co.zw/Owen_Ncube">Owen “Mudha” Ncube</a> said that the main opposition Citizens Coalition for Change (CCC) is not a democratic institution, but rather a one-man band.
Addressing ZANU PF party supporters during a campaign rally in Mbizo, Kwekwe, Ncube distanced the ruling party from the recall of CCC candidates by <a href="https://pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a>. Said Ncube:
<blockquote>
CCC councillors were removed by CCC interim secretary-general Sengezo Tshabangu and not ZANU PF, the reason being that CCC leader Nelson Chamisa imposed his councillors.
This means there is no democracy in CCC. The opposition party is a one-man band, a party without a constitution, no ideology and no structures.
They are sell-outs just to impress Western countries — America and Britain.
</blockquote>
Tshabangu is a CCC activist who has recalled dozens of the party’s MPs and councillors since the August 2023 general elections, claiming that they had ceased to be members of the political outfit.
Ncube accused the CCC, which controls the majority of urban local authorities, of failing to deliver services to residents. He added:
<blockquote>
On February 3 we will put an end to this failure to run urban councils by voting for leaders who know what they are supposed to do.
</blockquote>
Three wards in Kwekwe were left vacant following Tsabangu’s recalls in December last year.
Tshabangu claims to be CCC’s interim secretary-general but the party’s leader Nelson Chamisa and his allies say such a position doesn’t exist in the opposition party.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

No Democracy In CCC, Says Owen Ncube

<a href="https://wiki.pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a> has filed an urgent High Court application seeking to stop the participation of 23 candidates under the Citizens Coalition for Change (CCC) banner in the upcoming 03 February by-elections.
The 23 CCC candidates successfully filed their nomination papers at the Nomination Court on 18 December 2023.
This was despite the fact that a previous High Court order had barred fellow party members from contesting under the party name on the basis that they had ceased to be party members ahead of the 09 December 2023 by-elections.
In his application, through his legal representative, Nqobani Sithole of Ncube Attorneys, Tshabangu, who claims to be the CCC Interim Secretary General, cited the 23 members and the Zimbabwe Electoral Commission (ZEC) as respondents.
Tshabangu argued that the recalled candidates are no longer CCC members hence should not contest under the party name. Part of the application reads:
<blockquote>
The application is made on the grounds that: On the 18th of December 2023, the Nomination Court sat consequent upon promulgation of the date for by-elections set down on the 3rd of February 2024.
First to twenty-third respondents submitted their nomination papers before the Nomination Court to be accepted as candidates in the by-election as “members” of a political party called Citizens Coalition for Change (CCC party.
This was despite the fact that in a prior and extant judgment, they had been found by this court to have ceased to be members of that party. The Nomination Court accepted the nomination papers.
The decision of the Nomination Court is unlawful in that it is contrary to an extant judgment of the High Court and was at any rate procured through an apparent act of defiance of that judgment.
</blockquote>
The application seeks the court to set aside the Nomination Court’s decision to accept the 23 members’ nomination papers.
Unlike at the sitting of the nomination court for the 09 December by-elections, some recalled CCC members filed their papers as independent candidates for the 03 February by-elections to avoid being disqualified.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Files High Court Application To Bar Recalled CCC Members From 03 February By-elections

Recalled Citizens Coalition for Change (CCC) legislators from the Matabeleland region insist they will continue playing the role of shadow Members of Parliament (MPs) in their constituencies.
The former MPs were recalled in October, less than two months after their election, by Sengezo Tshabangu, a CCC activist who claims to be the party’s interim secretary general.
He recalled several MPs and Councillors alleging that they had ceased to be members of the party.
In October, Tshabangu recalled Pashor Raphael Sibanda (Cowdray Park), Erick Gono (Lobengula-Magwegwe), Nicola Jane Watson (Bulawayo South), Desmond Makaza (Mpopoma-Mzilikazi) and Obert Manduna (Nketa), all in Bulawayo.
In Matabeleland South, Tshabangu recalled Morgan Ncube (Beitbridge West), Nomathemba Sibanda and Velisiwe Nkomo both under proportional representation (PR).
In Matabeleland North, Prince Dubeko Sibanda (Binga North) and Bright Moyo Vanya (Lupane East) were also recalled.
Tshabangu went on to obtain a court order blocking the recalled MPs from contesting by-elections held on 09 December despite them having successfully filed their nomination papers.
In separate interviews with the <a href="https://newsday.co.zw/southerneye/local/article/200021532/recalled-ccc-mps-in-matabeleland-remain-defiant">Southern Eye</a>, the recalled lawmakers said they had continued serving communities. Makaza said:
<blockquote>
We live in one of the worst dictatorships. I remain at the service of the constituency and its people.
I remain as visible as before. I continue to partake in and assist in community matters as a resident of the constituency.
The will and choice of the people shall prevail. It’s a matter of time and the Lord’s grace.
</blockquote>
Manduna also said he had remained committed to serving his community. He said:
<blockquote>
I have always been a change-advocate and remain thus.
I am guided by democratic principles and remain guided by the paternal authority of Advocate Nelson Chamisa.
I am humbled and energised by the citizens of Nketa/Emganwini, who gave me the mandate to represent them in the Parliament.
To reciprocate, I have continued implementing programmes, humanitarian projects and advocacy programmes.
</blockquote>
Sibanda said he was still being regarded as an MP in his constituency. He said:
<blockquote>
How do you separate a person from their community? Besides that, this Tshabangu thing is not a closed chapter.
We are still contesting the recalls. We remain on the ground with the people doing what we were doing as the chosen representatives.
</blockquote>
By-elections will be held on 03 February 2024 to fill more seats left vacant after Tshabangu recalled more MPs.
CCC leader Nelson Chamisa and his allies allege that Tshabangu is working with ZANU PF to weaken the opposition and give the ruling party a two-thirds majority in Parliament.
However, Tshabangu says he is targeting those who were imposed on the electorate during the party’s controversial candidate selection process.
Tshabangu has not explained how the recalled MPs ceased to be CCC members or his candidates for the by-elections were selected.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Recalled CCC MPs In Matabeleland Region Remain Defiant

CCC activist Sengezo Tshabangu has said prominent lawyer Lewis Uriri offered him legal services free of charge when the party approached the courts to challenge his authority to recall its Members of Parliament and Councillors.
Uriri was President Emmerson Mnangagwa’s lawyer at the Constitutional Court (ConCourt) against a petition filed by then MDC Alliance leader Nelson Chamisa, who was seeking to overturn the ZANU PF leader’s victory in the 30 July 2018 election.
Speaking during the Asakhe Online program, The Breakfast Club recently, Tshabangu, who claims to be CCC’s interim secretary-general, said Uriri understood his financial predicament and agreed to offer his initial legal services free of charge.
Tshabangu said once Uriri got “the ball rolling”, some members of the business community then started to pour cash towards his legal costs. <a href="https://cite.org.zw/tshabangu-demands-accountability-in-ccc-accuses-chamisa-of-hiding-millions/">CITE</a> quoted Tshabangu as saying:
<blockquote>
It is difficult for us to meet our litigation costs. Our legal team is headed by Advocate Uriri, one of the best lawyers to ever come out of Zimbabwe. He is very expensive.
We sat down with him and he said he understood where I was coming from. He said he would get the ball rolling so that the people in general would know what was going on and understand my cause. He did the first appearance free of charge.
After that, we started having people coming in to help us meet our legal costs. Some are from the business communities, people with huge amounts of money.
They understood our cause and they gave us money to channel to our legal needs. We are accounting for each cent of that money.
</blockquote>
Tshabangu was initially a member of the MDC and was part of the group that split from the MDC led by Morgan Tsvangirai in 2014 to form the People’s Democratic Party (PDP), which was led by Tendai Biti, with Kucaca Phulu as the deputy.
Later, he rejoined the mainstream MDC Alliance when the alliance was formed ahead of the 2018 harmonised elections.
Tshabangu attended meetings where the MDC Alliance rebranded itself as CCC.
In October 2023, Tshabangu recalled 15 parliamentarians and 17 councillors, including the mayor of Masvingo, and the chairperson of the Epworth Local Board citing that they were no longer party members.
Subsequently, he recalled more CCC MPs and Councillors countrywide on the pretext they had ceased being members of the party.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Advocate Uriri Gave Us Free Legal Services - Tshabangu

Citizens’ Coalition for Change (CCC) leader Nelson Chamisa said that the party delayed allocating top positions to expose “snakes” within the movement. The opposition leader’s stance has been described as “strategic ambiguity”.
Chamisa was responding to an X user, who had commented on a post on Unity Day, saying there are too many snakes in the [CCC] party.
The former ICT Minister said the party deferred appointing individuals to top positions so that those who are power-hungry would expose themselves. He said:
<blockquote>
Regai dzibude pachena, tisvike takachena! Ndizvo muchiona takanonoka kuti tipanane zvigaro. Taida venyota yesimba nemakaro ezvigaro vabude pachena. Masiriri anonetsa kuchengetedza unoona pasi patota nehavi!!! Lol Let them (snakes) expose themselves so that we reach our destination clean. That’s why we delayed allocating positions amongst ourselves. We did that to expose those thirsty for positions to come out in the open. Those salivating for positions cannot remain hidden indefinitely, they will expose themselves.
</blockquote>
CCC has yet to announce its top leadership since its formation in January 2022 amid claims Chamisa has sidelined his former colleagues in the MDC Alliance resulting in tension within the opposition party.
Chamisa is accused of personalising power and the absence of structures has been cited as a factor in the rise of Sengezo Tshabangu, a CCC activist who seized control of the party after claiming to be the interim secretary general.
Tshabangu has been on a recalling spree, targeting those perceived to be close to Chamisa and inadvertently handing parliamentary and council seats to ZANU PF which the opposition party won in the August 2023 general elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Says "Strategic Ambiguity" Exposed Snakes Within CCC

The Zimbabwe Electoral Support Network (ZESN) has called for the revision of a Constitutional clause that provides for the recall of elected representatives, saying the power to recall a legislator should reside with the people.
In a statement, ZESN said that by-elections are costly, and also the recall of elected public office holders results in voter apathy and is a potential subversion of democratic principles. It said:
<blockquote>
Parliament should amend Section 129 (k) of the Constitution as recalls place a heavy burden on the fiscus, contribute to voter apathy and affect the essence of democracy.
The power to recall, if any, must reside in the people and not the political parties as is the trend in the majority of democracies.
There is a need to register and regulate political parties to address the issue of recalls as they bring into question the significance and relevance of elections.
</blockquote>
Most of the recalls have been done by opposition leaders to settle political scores with internal rivals.
The late MDC leader Morgan Tsvangirai, his successor, albeit controversially, Nelson Chamisa, Thokozani Khupe and current party leader Douglas Mwonzora have invoked the clause to purge rivals.
However, Sengezo Tshabangu, who claims to be the Citizens Coalition for Change (CCC) interim secretary general, has taken the recalls to unprecedented levels.
Less than two months after the August 2023 general elections, Tshabangu recalled more than thirty MPs and Councillors, claiming they had ceased being members of CCC. He has since recalled dozens more CCC representatives.
Tshabangu has also barred those whom he recalled from contesting in by-elections and avoided fielding a candidate in Mabvuku-Tafara in the by-elections, where the ZANU PF candidate, Pedzai Sakupwanya won by default.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZESN Calls For Constitutional Amendment To Scrap Recalls Clause

Sengezo Tshabangu says former Citizens for Coalition Change (CCC) MPs who were recalled after the 23 August 2023 elections will not be allowed to participate in by-elections using the party’s name.
Tshabangu, who claims to be CCC interim secretary general, warned that he will block the former legislators’ participation in the by-elections scheduled for early February.
His lawyer Nqobani Sithole asserted that Tshabangu will not allow the Nelson Chamisa-aligned party candidates to use the CCC’s name during the by-elections. Sithole was quoted by <a href="https://bulawayo24.com/index-id-news-sc-national-byo-238481.html">Bulawayo24</a> as saying:
<blockquote>
That road has been travelled before and nothing has changed. You can’t be expelled and still represent the same party that expelled you.
So, to us, it’s just a legal nullity. We know that what happened before is also going to happen again because there is a ruling which clearly states the legal penalties on this issue.
Those members are not going to be candidates in the next by-elections because they are no longer members of CCC.
</blockquote>
Four out of the six Chamisa-aligned former CCC MPs filed their nomination papers under the CCC banner for the 03 February 2024 by-elections.
That was despite a recent High Court ruling which barred their colleagues from taking part in the 09 December by-elections on the party’s ticket.
Only Willard Madzimbamuto (Seke) and Stephen Chatiza (Goromonzi South) filed their nomination papers as independent candidates, while Amos Chibaya’s (Mkoba North) allegiance is not clear as he is the only recalled CCC MP who is not being challenged by another CCC candidate for the constituency.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Sengezo Tshabangu Warns Recalled CCC MPs

Mbuso Siso, a member of the self-imposed opposition CCC interim steering committee, which tasked activist Sengezo Tshabangu to recall MPs, senators and councillors, has claimed that the group doesn’t have plans to remove party leader Nelson Chamisa.
Speaking in an interview with <a href="https://x.com/NewsHawksLive/status/1737019473972936794?s=20">The NewsHawks</a>, Siso said the CCC interim steering committee is seeking to correct “many wrongs” within the movement.
He said the recalls have ended and were never intended to trigger a sweeping wave of removals of legitimately elected people’s representatives.
Siso said the recalls were meant to remove MPs, senators and councillors who don’t come from communities they purport to represent and, hence do not represent the legitimate interests of the people.
He insisted that the group behind the recalls is not working in collaboration with ZANU PF but conceded that the plan had been hijacked by some Harare political actors, including those loyal to senior party member Tendai Biti and ZANU PF. Said Siso:
<blockquote>
The plan from the beginning was to recall imposed MPs and other representatives who did not originally come from Bulawayo communities.
Local people, those who come from particular localities concerned, should represent local communities.
It doesn’t matter whether it’s in Bulawayo, Harare, Masvingo, Mutare, Gweru, Kwekwe or Chinhoyi.
The principle is that local politics requires local people to lead because they know local issues, the people’s history, grievances, interests, problems and potential solutions.
When you bring people from elsewhere who don’t know the local history, culture and issues, they can’t be useful representatives of the people.
Local politics is about local issues in a national context.
</blockquote>
However, Biti has on several occasions denied association with Tshabangu and the recalls. Added Siso:
<blockquote>
That’s our motivation, but the process has been hijacked in Harare by Biti’s people and some ZANU PF elements.
It’s no longer what we intended at the start, but there are internal CCC issues which we still need to resolve.
We will keep pushing for those issues to be addressed. We have told Chamisa about them before repeatedly, but they were not dealt with.
We have no intention of removing Chamisa at all, but we want to help him stamp out the problem of impositions.
We are not working with ZANU PF, but if others are now doing that they are doing it in their capacities, not our interim steering committee.
We want a strong opposition to fight for change, not a party of friends and their supporters with imposed candidates.
</blockquote>
CCC lost seven of the nine parliamentary seats that it won in the August 2023 harmonised elections in the 09 December by-election to ZANU PF.
This means that ZANU PF now needs only three more seats to attain a two-thirds majority that gives it enough numbers to amend the constitution thereby further eroding the democratic gains brought about by the 2013 constitution.
Reports claim that President Emmerson Mnangagwa is toying with the idea of removing the presidential term limits, currently two terms, that is ten years, to create an “imperial presidency”.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Ally Claims Tendai Biti Loyalists, ZANU PF Hijacked CCC Recalls

Citizens’ Coalition for Change (CCC) spokesperson Promise Mkwananzi has defended the move by the party’s candidates to contest by-elections set for 03 February under the CCC banner.
Barely two days before the 09 December by-elections, CCC activist Sengezo Tshabangu, who claims to be the party’s interim secretary general, approached the High Court to bar the party’s MPs whom he recalled in October, from contesting as CCC candidates. The High Court ruled in his favour.
However, posting on X on Monday, Mkwananzi insisted that the High Court ruling has no effect because the party appealed against the judgement. Said Mkwananzi:
<blockquote>
We are pleased to announce that our candidates have successfully filed to contest in the upcoming by-elections.
There is no doubt that we will romp to victory once again. This is because we already won those seats which the regime seeks to reverse using unorthodox means.
There is a misconstrued narrative that our candidates should have contested as independent because of the court order that barred 9 of our parliamentary candidates on the 9th of December 2023.
This is a false narrative. We appealed against that Judgement which we believe was grossly misdirected.
The effect of our appeal is that that order has been suspended pending the determination of our appeal by the Supreme Court.
We have appealed against all judgements that have been made thus far. The effect of our appeals is therefore that all the Judgements are of no effect. They have been suspended pending a determination of the Supreme Court.
We have written to ZEC reminding them of the official signatories seconded by the party in the August harmonised elections and advising them that there are no changes as to those signatories.
In the same vein, we have implored ZEC not to accept or be complicit in the unauthorised use of Nelson Chamisa’s face and our intention to sue anyone using or in complicit in the unauthorised use of our brand manuals.
To conclude, we reiterate that there’s only one CCC led by Nelson Chamisa which is the sole sponsor of CCC candidates in the August 2023 harmonised elections as well as in the controversial by-elections arising out of illegal and senseless recalls.
</blockquote>
Meanwhile, some of the recalled MPs decided to contest as independent candidates. Former Chegutu West MP Admore Chivero, Oliver Mutasa, who was the Zvimba East lawmaker, and Willard Madzimbamuto (Seke) all filed nomination papers as independent candidates.
CCC has double candidates in the Pelandaba-Tshabalala Constituency (Gift Siziva and Moreblessing Tembo) as well as in Goromonzi South (Rueben Chikudo and Stephen Chatiza).
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mkwananzi Explains Why Recalled Members Filed Nomination Papers As CCC Candidates

Recalled Seke Member of Parliament Willard Tapfumanei Madzimbamuto says he will seek to reclaim his seat in the by-elections as an independent candidate.
Madzimbamuto is among more than a dozen Citizens’ Coalition for Change (CCC) MPs recalled by Sengezo Tshabangu since October 2023.
Tshabangu, who claims to be CCC’s interim secretary general, justified the recalls of the elected representatives saying they had ceased to be members of the party.
Posting on X, Madzimbamuto vowed to run for the seat again but not as a CCC candidate. He said:
<blockquote>
For the avoidance of doubt and clarity, l will be participating in the by-elections as an independent candidate.
</blockquote>
Madzimbamuto did not explain why he decided to go independent but just a few days before the 09 December by-elections, a High Court judge barred recalled CCC MPs from participating in the polls as CCC candidates.
As a result, all the party’s nine candidates were removed from the ballot papers, allowing ZANU PF to win seven of the nine seats, with the other seats won by Tshabangu’s candidates.
In the August 2023 general elections, Madzimbamuto narrowly won the seat after he garnered 14 032 votes.
The ZANU PF candidate, Tobia Munyaradzi Kashambe received 13 277, while DUZ’s Frederick Muzanenhamo polled 235 votes in the largely rural constituency.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Recalled CCC Candidate Says To Participate In By-elections As An Independent

The Zimbabwe Electoral Commission (ZEC) has cancelled the planned by-elections in Victoria Falls’ wards 9 and 11.
This comes after Citizens Coalition for Change (CCC) self-proclaimed interim secretary general Sengezo Tshabangu rescinded the recall of the affected councillors.
Victoria Falls’ Ward 9 and 11 councillors Mthunzi Mpofu and Daniel Moyo respectively, were among the 52 CCC councillors that Tshabangu recalled from 15 local authorities last month claiming they had ceased being party members.
The by-elections were scheduled to be done in February 2024.
In a statement, ZEC Chief Elections Officer Utloile Silaigwana said the by-elections in Victoria Falls had been cancelled. He said:
<blockquote>
It is hereby notified that the advertised vacancies for the City of Victoria Falls wards 9 and 11 and the party list PR vacancies are no longer in existence following the recession of the recall of the incumbents by their sponsoring party.
Accordingly, the Zimbabwe Electoral Commission advises that all electoral processes in relation to the said advertised by-elections have been cancelled with immediate effect.
</blockquote>
Tshabangu has recalled scores of CCC representatives in Parliament and various councils across the country claiming that they were imposed on the people in the run-up to the August 2023 elections.
Some of the recalled MPs took Tshabangu to court and the case was dismissed by the High Court.
CCC leader Nelson Chamisa and his supporters argue that Tshabangu is an imposter and is working with ZANU PF to decimate the opposition and give the ruling party a two-thirds majority in Parliament to amend the constitution.
On Thursday, the CCC Youth Task Force in Bulawayo has threatened street protests and demanded electoral reforms saying key State institutions such as the Zimbabwe Electoral Commission (ZEC), the judiciary system, and ZRP have been captured by ZANU PF.
Tshabangu has however denied the allegations, saying he is targetting “criminals around the president”.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Cancels Recall Of Victoria Falls Councillors

Self-proclaimed Citizens Coalition for Change (CCC) interim secretary general Sengezo Tshabangu said that his party will accept the outcome of the by-elections held today, 09 December.
Speaking to the <a href="https://www.chronicle.co.zw/ccc-ready-to-accept-poll-outcome-tshabangu/">Chronicle</a>, Tshabangu said the elections were held in a peaceful environment, and he will therefore accept the results.
Tshabangu, however, expressed concern over reports of voter apathy after it emerged that the majority of registered voters shunned the polls. He said:
<blockquote>
To us, any outcome will be accepted although everyone knows that when you go into any contest, the objective is to win.
However, everyone knows that in this political game, it’s either you win or lose and you must be prepared to accept especially the losing part. It’s all part of democracy.
These by-elections presented an opportunity for a democratic foundation as we look forward to 2028.
We are of course concerned about the reported voter apathy because we know that any voter apathy has always benefited ZANU PF.
</blockquote>
Tshabangu has recalled scores of CCC MPs and councillors, saying they had ceased to be members of the opposition party.
However, CCC leader Nelson Chamisa has dismissed Tshabangu as an imposter and accused him of working with ZANU PF to destroy the opposition party.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tshabangu Expresses Readiness To Accept By-elections Results

Lawyer Jeremiah Bamu’s law firm Mbidzo, Muchadehama and Makoni Legal Practitioners have written a letter to the Registrar of the High Court of Zimbabwe demanding that his name should be removed from a Friday night order by Justice Isaac Muzenda barring recalled CCC MPs from today’s by-elections.
Justice Isaac Muzenda presided over the High Court application by Sengezo Tshabangu to stop CCC recalled MPs from participating in the 09 December by-elections.
Bamu said he was not part of the proceedings saying “It can only be an error” for Justice Muzenda’s order to reflect that he (Bamu) appeared for the respondents.
The letter, dated 09 December 2023, was copied to the Secretary of the Law Society of Zimbabwe, the Secretary of the Judicial Services Commission, A. Muchadehama, C. Kwaramba, and Agency Gumbo. It reads:
<blockquote>
CITIZENS COALITION FOR CHANGE &amp; ANOR vs. PRINCE DUBEKO SIBANDA &amp; ORS HCH 8072/23 
REQUEST FOR CORRECTION OF ORDER MADE BY THE COURT
1. We refer to the above matter.
2. May you kindly place this letter before the Honourable Justice Muzenda, with a request that he mero motu corrects the Order he issued in the above matter in terms of Rule 29 (1) (b) for the order to reflect that there was no appearance on behalf of 1st – 22nd Respondents, and that in fact the Order was issued in default of their appearance.
3. In the event that he is not minded to do so, may the writer (Mr. Bamu) be advised of same to enable him to make a formal application for such correction of the patent error in the Order in terms of the same Rule.
4. The following issues are common cause and serve as a background to the request:
4.1 The Honourable Judge was made aware that Mr. Bamu had no mandate and no instructions from any of the Respondents and he was not representing them.
4.2 The Honourable Judge was also made aware that Mr. Bamu was a complete stranger to the proceedings. He is not part of the legal team that filed the appeal which formed the subject of the application. He had not even read the application and he knew nothing about it. He was not privy to the proceedings that had taken place before His Lordship Katiyo J resulting in the appeal. He was not the legal practitioner of choice for any of the applicants and he could not impose his representation upon them.
4.3 He had in fact been dragged out of bed by a desperate plea from the Registrar to assist in a case management session with respect to a matter in which one of the principals in his firm, Mr. Muchadehama was handling. The Registrar advised that he had made prior efforts to contact Mr. Muchadehama and had failed. He had tried liaising with Mr. Kwaramba who had made an undertaking to liaise with Mr. Muchadehama and that had also failed. All that was now required was to manage the case as efforts to contact Mr. Muchadehama were being made. This is the basis and understanding upon which Mr. Bamu joined the session, only to be ambushed into a hearing in respect of which he had no prior knowledge, no file, no instructions from any person and in respect of which he completely knew nothing about.
4.4 Consequently, Mr. Bamu objected to this approach, and made an application that the matter be postponed to 10am the next morning (9 December 2023) to enable him to drive to Mr. Muchadehama’s residence and advise him of the proceedings, in the alternative, for Mr. Bamu to read through the papers, seek to obtain instructions from the client and be prepared to argue the matter. The only objection raised by the Applicant and representatives of the Zimbabwe Electoral Commission was that polls were scheduled to commence at 7am. Mr. Bamu pointed out that section 53 of the Electoral Act [Chapter 2:13] permits the Constituency Elections Officer to determine and fix a later time for opening of the polls where good cause exists. The fact that the court was seized with the determination of a matter that affected the poll in question was sufficient cause to facilitate the delay of opening polls, which cured the concern raised by ZEC and the Applicants.
4.5 His Lordship Muzenda J noted that he appreciated the explanation that had been tendered by Mr. Bamu, and excused Mr. Bamu from the hearing as he clearly had no mandate from any of the litigants. The Judge also expressed that if Mr. Bamu so wished he could listen in to the proceedings though taking no further part in them.
4.6 Consequently, it can only be an error, a patent one at that, for the order to reflect that Mr. Bamu appeared for the 1st 22nd Respondents in circumstances where it was abundantly clear that he was not, and had only been requested to assist in a case management process that would facilitate proper representation of all parties concerned.
4.7 This request is being made in view of the fact that should it remain uncorrected, it exposes Mr. Bamu to potential disciplinary action from the regulating body, the Law Society, for purporting to represent clients who had not instructed him to do so, and in circumstances where his participation was only intended to assist the court in securing proper representation of the parties.
5. Your assistance in this respect will be greatly appreciated.
Yours faithfully
Mbidzo Muchadehama and Makoni
</blockquote>
 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Lawyer Demands High Court Removes His Name From Order Granted In Tshabangu's Favour

Lawyer Jeremiah Bamu says he was not representing the recalled CCC MPs when Justice Isaac Muzenda issued an order on Friday night barring them from today’s by-elections.
Justice Isaac Muzenda presided over the High Court application by Sengezo Tshabangu to stop CCC recalled MPs from participating in the 09 December by-elections.
Bamu said that he was “dragged out of bed” after 10 PM last night and “ambushed” by the Registrar.
In a statement, Bamu said he informed the judge that he had no instructions to argue the matter on behalf of the respondents and the judge proceeded to issue a default order, with no lawyers present for CCC. <a href="https://x.com/daddyhope/status/1733416298225316332?s=20">Said Bamu</a>:
<blockquote>
I was dragged from bed at 22.10hrs back to the office to join an online session of a court that I had no idea about.
The court officials insisted it was just a case management meeting. When I got there I was ambushed into the actual hearing of the matter on the merits. I told them I was a complete alien to the proceedings.
I had no mandate from the candidates and I didn’t know if they were aware of the night (in) justice.
I told them I had not participated in any of the prior proceedings and had not read any of the papers to enable me to fully appreciate the matter at hand and apply my mind to it.
I asked for time to obtain a mandate and instructions.
I asked for time to read through the papers and understand them. I pointed out that where good cause exists poll opening can be delayed by the constituency elections officer.
I told them that common decency, logic, professionalism, etiquette and integrity of process would require that the matter be postponed for the reasons I had cited.
The Judge proceeded with the hearing. He said he appreciated the issues I had raised but was nonetheless going to grant the order and I was free to leave the hearing or listen to him pronounce his decision.
I have never seen the likes of this. A choreographed script that I was required to sanitize. I refused to sanitize it. They nonetheless proceeded.
</blockquote>
Meanwhile, the Zimbabwe Electoral Commission (ZEC) said that all centres with by-elections opened on time at 7 AM and voters were already queuing to cast votes.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwean Lawyer "Dragged Out Of Bed" To Argue A Case For CCC "He Had No Idea About"

Political commentator Brighton Mutebuka said that the Citizens’ Coalition for Change (CCC) led by Nelson Chamisa should change its strategy before it loses credibility with its supporters.
Mutebuka argued that CCC should politically mobilise its support base to challenge Sengezo Tshabangu ” within the parameters of the Constitution” rather than seeking redress through “captured” courts.
This comes after Tshabangu, who claims to be CCC’s interim secretary general, won almost all court cases against his challenges within the opposition.
On Friday night, High Court judge Justice Isaac Muzenda granted an application by Tshabangu, confirming that recalled CCC MPs cannot stand in by-elections being held today.
This means that all the National Assembly candidates sponsored by the CCC party led by Chamisa were barred from running in the by-elections currently underway. Said Mutebuka:
<blockquote>
1. There comes a point when a line in the sand has to be drawn about the continued use or reliance on a strategy that is not yielding any dividend or playing to the strengths of your opponent.
2. Any further approaches to a captured Judiciary by CCC will either offend or bleed support or credibility. That door should be firmly shut for now!
3. Tshabangu’s fate should have already been sealed via politically mobilising the victims of his shenanigans within the parameters of the Constitution to challenge him!
4. It is them after all, and not the captured Courts who can tell whether or not he is an imposter or a genuine leader.
5. The situation has reached a point of severity where it is credible to ask why the opposition has failed, refused or neglected to mobilise their constituency/members/supporters to seek redress &amp; to voice their popular/mass discontent with the regime’s shenanigans!
6. Just in case there is something that our analysis has missed, @nelsonchamisa &amp; @CCCZimbabwe owe Zimbabweans an explanation as to why that route has not been pursued and how it is hoped in future the povo can be persuaded to risk it all &amp; go and vote again in the name of seeking political change or continue believing in the opposition cause when it appears to be struggling to modify its rules of engagement to address the unique threats that it faces from a ruthless &amp; uncompromising regime!
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Owes Supporters An Explanation Over Response To Tshabangu Onslaught - Mutebuka

Citizens’ Coalition for Change (CCC) official Chalton Hwende, who is also Kuwadzana East MP, has appealed for unity among the party’s rank-and-file and allow designated spokespersons to speak on behalf of the party.
Promise Mkwananzi is the party’s spokesperson and is deputised by Gift Siziba.
<a href="https://x.com/hwendec/status/1733201809198534960?s=20">Posting on X</a> on Friday night, Hwende said the removal of CCC candidates sponsored by party leader Nelson Chamisa from the ballot papers in today’s by-elections shows that ZANU PF is bent on grabbing absolute power at all costs.
Hwende was elected MDC Alliance secretary-general in 2019 before the party morphed into CCC in early 2022.
He has been keeping a low profile even as the party’s self-proclaimed interim secretary general Sengezo Tshabangu was decimating the party by recalling its MPs and councillors,
Pro-Chamisa bloggers have accused him of working with Tshabangu in a bid to wrestle control of the party.
Hwende said the way forward for the opposition is political action rather than resorting to “captured” courts. He wrote:
<blockquote>
The court’s decision to remove our candidates from the ballot in tomorrow’s election confirms that ZANU PF is after political power at all costs. We all have known this fact about ZANU since 2000.
We also know that the majority of the people know that President @nelsonchamisa is the leader of the democratic struggle and is the best foot forward.
We also know that Courts are captured and NO decision that will benefit the people will be delivered in those Courts.
We also know that the only way forward is Political action, mass action by the people. We must stop trying to push other leaders out of the democratic movement. We need unity of purpose to confront ZANU.
We need more ground action and less X (Twitter). We must also leave our communication department to comment and deal with the current issues.
Hwende’s comment is unhelpful we have people who are entrusted with the responsibility of communicating for the Party.
Trolls must stop pushing other leaders out of the movement we need unity and more unity!
</blockquote>
Hwende also denied claims that he signed papers for a parallel CCC candidate in Masvingo Urban Ward 2 for the by-elections. He said:
<blockquote>
Someone has alerted me to a claim by a dubious parallel candidate in Masvingo Urban Ward 2 that I signed for him or her. This is the CIO at play trying to divide our people. I never signed for any candidate in the last Elections in 2023. This is a fact that can be confirmed ku @ZECzim. Stop believing nonsense by regime enablers.
</blockquote>
An X user suggested that Hwende and his colleagues were back on the social media platform after accomplishing their plan and looking for sympathy so that they could survive in 2028. Hwende responded:
<blockquote>
I have a company that employs 24 people in Zimbabwe, 53 in Namibia and 17 in Angola. Parliament pays $300 and RTGS equivalent of $200. My receptionist in Namibia gets paid N$14000 which is equivalent to $750 so I am in parliament to serve the good people of Kuwadzana East.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Is CCC's "Best Foot Foward" - Chalton Hwende

The Zimbabwe Electoral Commission (ZEC) on Friday, 08 December cancelled a by-election for the Mabvuku-Tafara National Assembly constituency and declared the ZANU PF candidate Pedzai Sakupwanya as the winner.
In a statement, ZEC Chief Elections Officer Utoile Silaigwana said Sakupwanya became the sole candidate for the Mabvuku-Tafara by-election after the other candidate, CCC’s Munyaradzi Kufahakutizwi’s candidature was set aside by the High Court.
Since there were only two candidates for the Mabvuku-Tafara by-election, therefore Kufahakutizwi’s disqualification means that Sakupwanya has won the seat uncontested. Read the statement:
<blockquote>
Further to the press release issued by the Commission on 07 November 2023, it is hereby notified that the candidature of Kufahakutizwi Febion Munyaradzi of CCC was also set aside by the High Court Order in the matter HCH7543/23.
Since there were only two candidates nominated for the Mabvuku-Tafara National Assembly constituency by-election, Sakupwanya Pedzai of ZANU (PF) is the sole candidate that was duly nominated, hence there will be no by-election in that Constituency on 09 December 2023.
Consequently, the public is hereby notified that Pedzai Sakupwanya of ZANU (PF) has been duly elected member of the National Assembly for Mabvuku-Tafara Constituency with effect from 9 December 2023.
</blockquote>
Meanwhile, CCC has urged voters to turn out in their numbers and vote for the party’s candidates in by-elections scheduled for Saturday, 09 December.
In a statement, CCC spokesperson Promise Mkwananzi said a High Court ruling barring recalled CCC candidates from the poll, and the announcement by ZEC Chief Elections Officer, Utoile Silaigwana to withdraw ballot papers from the constituencies, have been nullified by the party’s appeal against the ruling at the Supreme Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

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