Source: The Herald – Breaking news.
Sengezo Tshabangu 
Fidelis Munyoro
Chief Court Reporter
CCC interim secretary-general Sengezo Tshabangu has won his case against the Welshman Ncube-led faction of the opposition political party and its disciplinary committee.
The High Court, presided over by Judge President Mary Dube, last week ruled in his favour, declaring that the committee’s actions against him were unlawful and void.
Senator Tshabangu had been expelled from the party following a disciplinary hearing held on February 12, 2025.
He argued that the disciplinary committee’s members had no authority to act, as their terms of office had expired on May 27, 2024, in accordance with the CCC constitution.
Justice Dube found that the terms of office for the office bearers and main organs elected at the Gweru Congress in May 2019 had expired.
“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,” she said.
The judge concluded that any decisions made by these office bearers, including Sen Tshabangu’s expulsion, were invalid.
Sen Tshabangu had also argued that the disciplinary process was fundamentally flawed, citing issues such as improper notice, bias, and the lack of a properly constituted committee.
The court found the disciplinary process to be illegal and declared it null and void.
“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 levelled by the fifth respondent against the applicant be and are hereby declared null and void and are set aside,” Justice Dube said.
The court addressed procedural issues raised by the respondents, including the claim that Sen Tshabangu had delayed in filing his application.
It found that Sen Tshabangu acted promptly after learning of the disciplinary ruling on February 19, 2025, filing his application by February 24, 2025.
Justice Dube said: “The applicant did act when the need to act arose and within a reasonable time after the conduct impugned occurred and did not delay in seeking recourse.”
The court also ruled on the authority of Prof Ncube, who had deposed the opposing affidavit on behalf of the CCC.
Justice Dube found that Prof Ncube lacked proper authorisation, as no valid resolution gave him the authority to represent the party.
“The resolution does not speak to the authority of the deponent to the opposing affidavit to depose to it,” she said.
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