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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>

Pindula News

Advocate Uriri Gave Us Free Legal Services - Tshabangu

Fourteen Members of Parliament (MPs) and nine Senators from the Citizens Coalition for Change (CCC) party have been unsuccessful in their attempt to overturn their expulsion from parliament. They were recalled by Sengezo Tshabangu who claimed to be the party’s interim Secretary-General.
In a judgement issued this Saturday, Justice Munamato Mutevedzi stated that the recalled lawmakers failed to provide evidence to support their claim that Tshabangu did not have the authority to recall them. The judge ruled that the lawmakers did not meet the legal requirements to prove their case and made an error by not including the CCC party as a respondent in their application. Said the judge in a 28-page judgement which followed a hearing on November 2:
<blockquote>
It was simply their word that he wasn’t (interim secretary general). That is not enough… The onus to prove entitlement to the declaratory orders sought was on the applicants. They did not even begin to discharge it. They have not established their case on a balance of probabilities as required by law and are therefore not entitled to the declaratur they seek.
</blockquote>
The judge criticised the lawmakers for a serious mistake in their application. In sync with Sengezo Tshabangu’s lawyer Lewis Uriri, the judge said the CCC MPs failed to include the CCC party as a respondent, even though they claim to be members of the party. The judge stated that the lawmakers are simply members of the party and do not hold any administrative positions to dispute the claims made against them. The judge also expressed surprise that CCC leader Nelson Chamisa and the party itself did not appear in court. The judge emphasised that it is important for the political party to be involved in such cases, as individual members cannot independently prove or disprove party membership.
The CCC lawmakers have the option to appeal to the Supreme Court, but they have limited time as President Emmerson Mnangagwa has scheduled by-elections to fill the vacancies on December 9. The lawmakers had requested the court to declare their recalls as illegal and invalid. They also wanted the judge to affirm their status as Members of Parliament elected under the CCC party and to prevent further recalls by Tshabangu. The nomination courts are set to register candidates on November 7.
In a statement shortly after the ruling, the CCC said it was still studying the judgement. Said the party:
<blockquote>
We have received the judgment of the High Court, and our lawyers are still studying it. We will provide a comprehensive statement regarding the same. 
</blockquote>
The party reiterated that Tshabangu is not a member of the CCC, and the party CCC which is led by President Nelson Chamisa has not initiated any recall of a Member of Parliament or Senate.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CCC MPs Unsuccessful In Overturning Their Expulsion From Parliament

Sengezo Tshabangu’s lawyer Advocate Lewis Uriri has said the Citizens Coalition for Change (CCC) is quiet and not party to the case of 14 CCC MPs and nine senators who argue that their recalls from parliament were unlawful because it is happy with the recalls.  The MPs were recalled by Tshabangu, who asserts that he is the interim Secretary-General of the CCC. Speaking before the Harare High Court on Thursday <a href="https://www.pindula.co.zw/2023/11/02/high-court-reserves-judgement-on-14-recalled-ccc-mps/">reserved judgement</a> in the matter, Uriri said:
<blockquote>
The High Court has no jurisdiction to hear the matter. (Alec) Muchadehama told this court that the Speaker and the President of the Senate did not act lawfully, that they acted outside constitutional provisions. The effect of this allegation is that the constitution has excluded the jurisdiction of this court to hear this matter. Only the Constitutional Court has authority to hear this case.
If we assume they are right, it means that parliament has failed in a constitutional obligation. What they seek therefore is a finding that parliament has violated a constitutional provision. The Speaker is not concerned with inner issues of a political party but he is obligated to receive a letter. When he receives it he is allowed to act in the manner he did and this is what he did. He is the Speaker and so his conduct was correct.
Once the Speaker has acted in terms of section 129 of the constitution, there is a result and that result is that the seat is vacated and that seat can only be refilled either by a by-election or the Speaker’s decision is set aside. But absent the party concerned, they cannot resolve the dispute that has arisen. Why did they not cite CCC, because they make submissions which ought to be supported by CCC? CCC is quiet because it is happy with the recalls.
</blockquote>
Amanda Sihle Ndlovu, who represents some of the MPs, responded to Uriri’s statement by saying that the lawmakers did not have a reason to involve the CCC in the case. Ndlovu explained that the CCC did not recall the lawmakers, but it was Tshabangu who acted on his own. She pointed out that Tshabangu’s request to include the party in the case was actually an admission that he was not acting on behalf of the party. Ndlovu emphasized that if Tshabangu truly acted for the party, he would have provided evidence to prove his claim, which he failed to do. But Uriri argued:
<blockquote>
CCC has a duty to speak but it did not. It has not been cited. It has not sought a joinder. The applicants did not seek a joinder because they know CCC is happy.
Humpty Dumpty cannot be rescued. The matter ought to be struck off the roll or dismissed with costs it deserves.
</blockquote>
The lawmakers argue that Sengezo Tshabangu, who triggered the recalls, did not have the authority to do so. The judge will deliver his judgment before November 7, when nomination courts are set to register candidates for by-elections scheduled for December 9.
The CCC lawmakers hope to have the by-elections cancelled if they win their case. The lawyers for the lawmakers argue that Tshabangu’s actions were fraudulent and of no legal consequence. They maintain that the lawmakers are still members of the CCC and that Tshabangu does not have the power to recall them.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CCC Is Quiet Because It Is Happy With The Recalls - Tshabangu's Lawyer

21 N ovember 2016
Dear Mr. Mamutse,
Thank you for your email below and the attachment thereto, the contents whereof have been duly noted.
My solicitors in Birmingham, United Kingdom, Genesis Associates Solicitors as well my attorneys in Zimbabwe, Coghlan, Welsh &amp; Guest (both copied herein) have been duly instructed. You will be hearing from them in short cause. I have also taken the liberty of copying my colleagues on the<a href="http://www.pindula.co.zw/Caps_United_Football_Club" target="_blank"> CAPS United</a> Board.
Meanwhile, I make the following points:
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1. The decision you have communicated is illegitimate and immediately null and void without further ado. It is not a result of the legitimate exercise of administrative authority. It is, on the contrary, the culmination of a vindictive agenda which has as its purpose the annihilation of the <a href="http://www.pindula.co.zw/Premier_Soccer_League" target="_blank">PSL</a> and what it stands for. It is a furtherance of the entrenchment of a regime devoid of vision and strategy to emancipate Zimbabwe football from its present chains. This misdirected strategy of self-preservation abhors independent thinkers. It abhors intelligence. It has been used to hold <a href="http://www.pindula.co.zw/Zimbabwe_Football_Association_(ZIFA)" target="_blank">ZIFA’s</a> institutions captive to the whims of a cartel whose self-serving interests are inimical to the interests of football. You will agree with me that it is this kind of misdirection that has taken Zimbabwe football from the pit it was in on 25 July 2015, and tossed it into a near abyss.
2. You know as well as I do that the decision you purport to be one of the Executive Committee of ZIFA is in fact one made exclusively by Mr.<a href="http://www.pindula.co.zw/Phillip_Chiyangwa"> Chiyangwa</a>. He attempted to call me Friday afternoon. He then sent me an email. He thereafter called my President at CAPS United on Friday and expressed the view that I was “fighting” him and threatened to suspend me and or CAPS United. He once again called my President this afternoon to state that he had intelligence to the effect that I was the brains behind the PSL initiative and he would suspend me to illustrate that he occupies a superior seat in football.
3. You will further agree with me that:
3.1 There are no functional structures at ZIFA. This power hungry cartel of bogus administrators has centralized all administrative functions. They have interfered with the Disciplinary Committee. They have rendered the position of the legal advisor installed by Congress, Ralph Maganga nugatory. They have taken over the function of literally every committee. Constitutional functionaries are imposed on the basis that they “voted for me”. Offices are created for unpopular persons who “voted for me”. Those perceived to have “voted against me” have been purged, starting with Twine Phiri. People have been suspended, expelled or banned without due process. All Mr. Chiyangwa does is walk into Congress with a piece of paper from where he reads “Edzai Kasinuyo, banned for five years. There are no objections uto tapedza naye we move onto Musavengana, life ban”. This has been so ridiculous to the extent that it could happen in the face of the Sports Commission Representative at the Congress called to dissolve ZIFA earlier on in the year.
3.2 Congress has lost its authority. Counselors are drawn from ghost structures that are neither functional nor in good standing in respect of their membership obligations and ought properly not to attend congress. These spineless delegates from ghost structures are pampered with resources drawn from the seat of legitimate structures such as the PSL, and are used to blindly endorse the whims of the junta that has taken the national sport hostage. This was one of the reasons why I had offered to stand down as CAPS United FC Governor in May 2016. I had resolved, for this amongst other reasons, to quit football activities on the last day of the season. I just could not stand people sell their souls for the proverbial thirty pieces of silver. Those of us that have had the principle to stand up and speak against inequity and illegality have been the obvious targets of the shameless junta. I must, however immediately point out that I will fight this for principle sake.
3.3 The purported suspension on void allegations and without due process is no more than the perpetuation of a protracted and sustained attack on those perceived to stand in the path of the cartel’s delusions of grandeur. It is not “provisional” as purported. In any event, there has been not even an attempt to convene the disciplinary committee whose decisions are trashed every day by the fascist regime at ZIFA. The reference to “until the next meeting of Congress” is a reference to an ineffectual body the majority of whose members are incapable of exercising any independent thought and voted in the December 2015 poll against the backdrop of inducements that mostly never came! Consider this one aspect: if I convened “an unsanctioned meeting” of the PSL (which I did not) what business is it of this fascist administration? It is the PSL that ought to complain. It is an affiliate and not a member of ZIFA with functional independent disciplinary structures. It can activate its own processes! But then delusions of grandeur have led some to think that they are deities of sorts in football administration.
4. Naturally, I will not submit to the illegitimate kangaroo processes of an administration whose sole agenda is self-preservation at the expense of the national game. I will not be attending the next Congress. Critically, I am aware of the rules of engagement: when one stops adhering to the rules common to the civilised world one becomes a terrorist; and conventional civilised armies do not negotiate with terrorists! You may recall that I told Eddie Chikamhi of The Herald Newspaper in an interview ahead of the heavily compromised December 2015 elective congress that I would not run for football office ever again. I meant it. I don’t depend on football for my livelihood. If anything, I have lost money to football. The only reason I will fight this to the bitter end is that I a man of principle. In short, because Mr. Chiyangwa and his cartel already have Congress’ decision done and dusted before Congress even meets in eight months’ time, you can as well send me Congress’ final decision by return.
5. In short, I refuse to bow to the illegitimate dictates of a demonic administration. Doing so is like trying to appease an evil spirit. The more one does so, the more the foul spirit demands one’s soul, body and spirit. I refuse to sell my soul and integrity. Henceforth, and within the confines of the law, I will fight fire with fire, and thunder with thunder. Diplomacy has not worked, and as Bismarck would say, great matters of the day will now have to be resolved by “blood and iron” within the confines of the law. The battle lines are drawn.
6. Ultimately, history is a fair judge and will vindicate those of us that have refused to stand by and watch the demise of the national game at the hands of fascist administration whose energies are misdirected at killing the game it ought to be promoting. There are still many others in Congress who stand for what is right and just. They will for the time being continue the fight for the return of ZIFA to its status prior to 5 December 2015, when at least there was room for independent thought, expression and independent decision making.
7. I must express my sympathy to you for having to do the devil’s bidding contrary to your better judgment. There are many like you in ZIFA awaiting the day of redemption. That day will soon be upon us.
Kind regards,
Adv. Lewis URIRI 
Advocate of the Superior Courts of Zimbabwe 
Conciliator and Arbitrator
THE CHAMBERS 
11th Floor, Old Mutual Centre 
11 Third Street, Cnr J. Moyo Avenue 
Harare 
Republic of Zimbabwe
Tel: +263-4-704038 / 704164 
Mobile: +263772317157 
Fax: +263-4-793742 
Efax: +1536788272 
Email: lewis@lewisuriri.co.zw / lewis@leckie.co.zw 
Skype: lewis.uriri 
Skype No: +1206239787 
Gtalk: lewis@lewisuriri.co.zw 
BBM: 7B5BDF42
“The righteous shall flourish like the palm tree” Psalm 92:12
 
More: <a href="http://hmetro.co.zw/uriris-response-to-zifa-suspension/" target="_blank">Hmetro</a>

Lewis Uriri's response to ZIFA suspension in full

The <a href="http://www.pindula.co.zw/Zimbabwe_Football_Association_(ZIFA)">Zimbabwe Football Association</a> (ZIFA) has suspended another football administrator, Lewis Uriri, who was appointed spokesperson of a PSL Emergency Committee yesterday.
Uriri was suspended for breaching the provisions of Article 13 (a) and 31 (i) of the ZIFA constitution by convening an unsanctioned meeting of Premier Soccer League clubs on 29 October 2016 where he allegedly incited PSL clubs’ representatives to defy a decision on promotion and relegation passed by the ZIFA congress earlier on the same day.
Uriri also breached Article 17 (2) of the ZIFA constitution by urging PSL Clubs to act against a decision passed by the ZIFA congress.
More: <a href="http://www.soccer24.co.zw/2016/11/20/15185/">Soccer24</a>

ZIFA suspend another football administrator

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