Welshman versus Tshabangu Court-Fight Over Chamisa’s Own Money, Powers
CCC Members File Urgent Court Application Against National Assembly Speaker and Clerk
Harare – The Citizens Coalition for Change (CCC) and several of its members have filed an urgent court application at the High Court in Harare, seeking a declaratory order and relief against changes made to parliamentary Standing Rules and Orders. The application challenges the legality of the recent amendments that led to their alleged unconstitutional exclusion from parliamentary committees.
The applicants, including Welshman Ncube, Lynette Karenyi, Sessel Zvidzai, and Edwin Mushoriwa, contend that the actions by Speaker of the National Assembly Jacob Mudenda and Clerk of Parliament Nonkosi Ndlovu violate constitutional provisions. The case, prepared by Mathonsi Ncube Law Chambers, calls for the court to nullify the amendments and restore their positions.
Grounds of the Application
The CCC applicants argue that:
1. The amendments to the Standing Rules and Orders Committee (SROC), passed in December 2024, were enacted in violation of Section 151 of the Constitution, which governs parliamentary procedures.
2. On December 6, 2024, the Speaker allegedly announced unconstitutional changes, replacing members of CCC with individuals who were not nominated by the party.
3. The alterations undermine the proportional representation of political parties in Parliament, as outlined in the Constitution, and unjustly exclude CCC representatives.
4. The Speaker and Clerk of Parliament acted beyond their powers by implementing changes without consulting affected parties.
The application states that the applicants were lawfully entitled to participate in key parliamentary committees and decision-making processes. They allege that their exclusion compromises not only their party’s representation but also the democratic accountability of the legislature.
Relief Sought
The applicants are seeking:
• A declaration that the amendments to the SROC and the removal of CCC members were unconstitutional and void.
• An order reinstating CCC representatives to their original positions in parliamentary committees.
• A prohibition against the Speaker and Clerk of Parliament from making further changes to committee structures without constitutional compliance.
Implications of the Case
This legal battle comes amid growing tensions between the opposition and ruling ZANU PF in Zimbabwe’s Parliament. The CCC has accused the Speaker and other parliamentary officials of using procedural changes to marginalize opposition voices and consolidate ruling party dominance.
If the High Court grants the application, it could set a significant precedent in upholding constitutional provisions on parliamentary representation and the balance of power. Conversely, a dismissal of the application could further strain relations between the CCC and parliamentary leadership.
What’s Next
The High Court is expected to deliberate on the application urgently, given its potential impact on parliamentary operations. Political analysts and citizens alike are closely watching the case, as it underscores broader issues of governance, representation, and adherence to the rule of law in Zimbabwe’s political landscape.
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