HARARE – Sengezo Tshabangu’s expulsion from the Citizens Coalition for Change is invalid, the High Court has ruled in a default judgement obtained by the Matabeleland North senator who also styles himself as the party’s interim secretary secretary general.
Judge President Mary Zimba-Dube threw out an affidavit by CCC president Welshman Ncube filed on behalf of the party, ruling that Ncube had failed to demonstrate any evidence that he was authorised by the party to litigate on its behalf.
In the result, the judge said Tshabangu’s application challenging his expulsion was therefore unopposed.
The judge also found that the CCC office bearers, as elected at a congress in Gweru on May 26, 2019, were now in position unlawfully as their terms expired on May 27, 2024.
Ncube told ZimLive that a mistake had been made in submitting the wrong resolution of the party, and they would consider making an application for rescission of judgement.
Justice Zimba-Dube’s default order protects Tshabangu and the CCC parliamentary and local government caucuses, but says Ncube and any other official claiming to represent the CCC are now impostors following the expiry of their terms of office.
The judge was scathing of the CCC and Ncube’s response to Tshabangu’s application, accusing their legal team of falling into the trap of “copying and pasting” responses based on past proceedings, with the effect that their submissions were not relevant to the current matter.
Crucially, Ncube submitted an affidavit which contained an old party resolution.
The judge said: “Ncube and CCC’s predicament starts with an averment in para 1 of the opposing affidavit
which reads as follows: ‘I depose to this affidavit as duly authorised by the resolution of the 1st Applicant (Tshabangu) which I attach…’
“First to note is that the deponent to the opposing affidavit states that he is duly authorised by first applicant (Tshabangu) to depose to the opposing affidavit. This is factually incorrect. There is no first applicant in this matter there being only one applicant. The deponent to the opposing affidavit has failed to identify his principal.
“Secondly, Welshman Ncube does not represent any applicant in these proceedings. Essentially what he is saying is that he deposes to the affidavit on behalf of Sengezo Tshabangu or even a non-party for that matter. This mishap borne out of ineptitude results from copy pasting of pleadings. This practice can be costly for parties and result in pleadings being struck out.
“Pleadings should be drafted with diligence and attention to detail ensuring that they are prepared for each individual case and that parties are properly identified. An affidavit that fails to identify correctly parties in a litigation is invalid and has no force or effect at law.
“The document marked Annexure CC1, is an Internal Resolution of a National Council Meeting dated 22 January 2022 and filed in support of this application. The resolution in issue was drafted and signed on 23 January 2022, over three years ago and the proceedings in issue were only instituted in February 2025. The resolution does not speak to this particular matter or any at all.
“The said meeting resolved issues of participation in by-elections, party relabelling, electoral reforms and fundraising strategies. It makes no reference to litigation and does not give authority to the deponent to the opposing affidavit (Ncube) to depose to defend this matter and consequently does not confer authority on him to represent and act on behalf of the respondent in the current proceedings.
“The resolution does not speak to the authority of the deponent to the opposing affidavit to depose to it. Its importance to this matter was not addressed by the respondent.
“Effectively, Welshman Ncube has failed to provide proof of written authority from the respondent (CCC) to depose to the opposing affidavit and to show that he was duly authorised to depose to the opposing affidavit on behalf of the respondent. Despite being made aware of the shortcomings of the resolution, no response was forthcoming and no corrective action was taken by the respondent.
“There being no authority to defend this application, there is no opposition and the respondent’s opposing affidavit is struck out rendering the application unopposed.”
The judge did not get into the merits of the opposition, which included a charge by Ncube that Tshabangu had failed to renew his membership of the party and was therefore not in good standing.
The disciplinary action was brought after Tshabangu removed the party’s appointed parliamentary leadership and replaced them with his own appointees.
In his application challenging his expulsion, Tshabangu wanted it declared that the decision to expel him made by the disciplinary committee constituted by office bearers whose tenure had expired was null and void.
The disciplinary committee comprised Sesel Zvidzai, Concillia Chinanzvavana, Gilbert Kagodora and Shepherd Mushonga.
The judge said the matter was to be decided on just the preliminary points raised by Tshabangu, without getting into the merits.
“The applicant’s point in limine is upheld. That being the case, there is no basis for the court to resolve the respondent’s preliminary points and consider its defence on the merits. The matter ends here.
“Accordingly, it is declared and ordered as follows: The term of office of the first to fourth respondents and main organs elected on 26 May 2019 at the Gweru Congress, save for its Parliamentary Caucus and Local Government Caucus as set out in Article 6 of its Constitution expired on 27 May 2024 and hold office unlawfully and in breach of article 6.2.2 as read with Article 6.3.3(g) of the Party’s Constitution.
“The entire disciplinary process constituting the Disciplinary Committee that sat at number 60A Hibiscus Road, Lochnivar, Southerton, Harare, on 12 February 2025 to deliberate and decide on allegations of misconduct leveled by the fifth respondent against the applicant be and are hereby declared null and void and are set aside.”
Advocate Lewis Uriri represented Tshabangu while Ncube and CCC were represented by Advocate Method Ndlovu.
