HARARE – Sengezo Tshabangu’s lawyer says recalled CCC MPs’ lawyers have made fatal legal errors by first citing, in their challenge, the Speaker and Senate president and further taking their matter to the High Court instead of the Constitutional Court.
Advocate Lewis Uriri said while making arguments on behalf of the self-imposed CCC interim secretary general at the High Court Thursday that the lawyers also let their clients down by failing to cite CCC as a party in their challenge against the recalls.
Tshabangu, a virtually anonymous figure until his shock recall order, ordered the ouster of 14 legislators and 9 senators early October claiming they had ceased to be members of the main opposition.
The order was swiftly acted upon by the speaker Jacob Mudenda, triggering a challenge through the courts.
High Court judge Munamato Mutevedzi heard arguments from the parties Thursday.
Mutevedzi reserved his ruling although committing his court to a determination inside the next five days.
MPs are challenging Tshabangu’s legal standing to recall them arguing he was not even a member of the main opposition.
As an afterthought, the legislators removed the speaker of parliament, senate president and the Zimbabwe Electoral Commission from the list of cited respondents, choosing to turn their entire arsenal in challenging Tshabangu’s legitimacy as a member of the party.
Through Advocate Amanda Ndlovu, one of their lawyers, MPs issued an apology against the presiding officers of the august house.
“So, where there is common cause that applicants were members of CCC and that respondent had no authority to act on behalf of CCC, that leaves nothing to be debated before this honourable court,” she said.
But Uriri said their case was good as dead.
“Their case after they had spoken was worse than before they spoke,” Uriri said in court.
“… No amount of papering can piece the case together.
“They came to court accusing the speaker and president of the senate and made no case substantively against Tshabangu.
“The withdrawal against the Speaker and the President of the senate and ZEC left them with nothing to stand on.”
Uriri argued the High Court had no jurisdiction over the matter since the applicants were raising constitutional issues.
“Only the Constitutional Court has authority to hear this case,” he said.
He also said the speaker acted according to his mandate by effecting the recalls without any attempts to enquire into the motivation behind the controversial order.
“When he receives it, he is allowed to act in the manner he did and this is what he did.
“The speaker and the senate president are functionaries of parliament,” he said.
Uriri also said the MPs made a fatal error by failing to cite their political party in the court proceedings.
“Absent the party concerned, they cannot resolve the dispute that has arisen. CCC is quiet because it is happy by the recalls.
“The applicants are not members because they were expelled,” submitted Uriri, inviting a roar of disapproval from a CCC dominated gallery.
Uriri then urged Mutevedzi to dismiss the application with costs.
