The Citizens Coalition for Change (CCC) has approached the High Court in Bulawayo in an attempt to reverse 15 controversial Parliamentary recalls by Sengezo Tshabangu.
Tshabangu recalled the CCC legislators alongside 17 councillors citing the members had ceased to be their members.
The Matabeleland North politician claims to be CCC's Secretary General, a position contested by party President Nelson Chamisa.
Mudenda, after receiving Tshabangu's communication proceeded to notify the Zimbabwe Electoral Commission (ZEC) of vacancies in the 15 mainly Matabeleland constituencies.
Tshabangu has been labelled an impostor, funded by Zanu PF to destabilise CCC and ensure a two-thirds Parliamentary majority for the ruling party.
A Declaratory and Consequential Relief filed on Monday by the opposition identifies Tshabangu as First Respondent, and Speaker of Parliament Jacob Mudenda as the Second.
"Plaintiffs' (CCC) claim against the Defendants is for a declaratory and consequential relief as follows; an order declaring that the Plaintiffs' have a right to remain in, and be recognised as Members of Parliament by virtue of having been so elected in the general elections held on the 23rd and 24th of August 2023 and having been so sworn on the 7th of September 2023.
"An order declaring that 1 Defendant has no authority to communicate, engage, or correspond with the 2nd Defendant purporting to represent the Citizens Coalition for Change (CCC) in respect of the Plaintiffs' positions as Members of Parliament," reads High Court papers filed by CCC.
"An order declaring that the 2nd Defendant has no obligation to act on the basis of any communication or correspondence addressed to him by the 1st Defendant purporting to communicate any information pertaining to Plaintiffs' membership of the Citizens Coalition for Change (CCC) or in respect of the Plaintiffs' position or status as Members of Parliament
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
"Consequently, the letter written by the 1st Defendant dated 3rd October 2023 and any other communication or documents incidental thereto addressed to the 2nd Defendant communicating that the Plaintiffs have ceased to be members of Citizens Coalition for Change (CCC) be declared null and void and of no force and effect."
If the recalls are upheld Zimbabweans will, barely two months after a general election, be expected to re-choose Parliamentarians in the 15 constituencies.
Having denied Zanu PF a two-thirds majority, the elections could give President Emmerson Mnangagwa an opportunity to finally claim it and give him enough power to amend the constitution in his favour as feared by CCC and analysts.
