Recalled CCC MPs’ legal bid fails
Peter Moyo
The High Court has dismissed an application by 14 CCC MPs and 9 senators to be re-instated in parliament after their recalls by Sengezo Tshabangu, who claims to be the party’s interim secretary general.
In his judgement, Justice Munamato Mutevedzi said the burden was on CCC MPs and Senators to prove that Sengezo Tshabangu is not the party’s interim SG.
“The applicants failed to produce their party constitution or any document which showed that (Tshabangu) could possibly not have held the position he claimed he held. It was simply their word that he wasn’t. That is not enough.
“The onus to prove entitlement to the declaratory orders sought was on the (CCC 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 which they seek. The other relief was consequential upon the grant of the declaratur. It should also fail,” said Justice Mutevedzi.
The judge said Tshabangu’s letters to the presiding officers of Parliament sufficed under Section 129(1) (k) of the Constitution. He also revealed that Tshabangu was thorough and “went out of his way to prove what he ordinarily was not required to prove,”
The judgement allows for the sitting of the Nomination Court on 7 November and the by-elections slates for 9 December.
When reached for comment, CCC Spokesperson, Promise Mkwananzi advised this publication to contact him later as the party was still studying the judgement.
