By Staff Reporter
The High Court has once again dismissed an application by the second group of recalled Citizens Coalition for Change (CCC) MPs axed by Sengezo Tshabangu who claims to be the party’s secretary general.
High Court judge Justice Pisirayi Kwenda dismissed the application noting that a summons matter which was filed first, with the MPs challenging Tshabangu’s legality should be disposed of.
Kwenda said he could not issue a declaratur when dealing with a summons case that might resolve the whole dispute.
“The point made is incontestable. In the letter written by Shava law chambers, they notified the respondents of the summons.
“I note that the order sought is final in nature. It is to be a declaratory order that the seats were never vacant.
“I find that the order sought, being a final order, cannot be granted in this matter.
“We have a situation where we have a CCC on either side of the divide.
“The 1st applicant and 4th respondent are known by the same name, same logo and are said to be led by Nelson Chamisa. The dispute can only be resolved in the summons matter which is pending.”
“Applicants were reckless in filing this application while aware that this dispute was pending resolution in the summons matter.
“The application is dismissed with costs,” he ruled.
Jameson Timba submitted a founding affidavit on behalf of his colleagues.
This was after the Speaker of Parliament and the senate president cited as first and second respondents respectively in the court papers, announced that their seats were vacant.
Timba and his colleagues filed their application on the 20th of December the applicants issued a summons seeking to stop Tshabangu from representing the CCC.
They said their matter was urgent because the process to fill their seats in parliament had already begun.
They submitted its constitution and copies of various correspondence between CCC leader Nelson Chamisa and Jacob Mudenda as well as the senate president.
Timba said Mudenda did not issue notices which resulted in their expulsion from parliament.
The respondents argued that their seats were vacant by operation of law. They took effect because the CCC wrote to them.