HIGH Court judge, Justice Tawanda Chitapi has reserved his judgement in a matter the Citizens Coalition for Change is seeking to block Sengezo Tshabangu, claiming to be the party's interim secretary general from recalling its members.
Tshabangu recalled 15 CCC MPs, nine senators and 17 councillors on October 4 claiming they had ceased to be party members.
The expelled members appealed at the High Court before their case was dismissed after they failed to prove they still belonged to the opposition party.
CCC then filed an urgent court application seeking to stop Tshabangu from representing the party.
An interim interdict was granted last week.
When the matter was heard on Tuesday, CCC lawyer, Obey Shava submitted that the party should be granted the interdict as the constant recalls were unfair and caused irreparable harm.
"After the ruling of the main matter, the 1st respondent issued some recalls of the applicant's members. He is not deterred by the pending matter. By the time the main matter is heard, there will be no more CCC-appointed members in parliament or council. The first respondent has nothing to lose if he waits for the determination of the main matter.
"The presumption is that all elected officials were sponsored by the party during the August 2023 elections. There is no known record by the 1st respondent that those members should not participate under the applicant's ticket. He only appeared on the scene when it was time for harvest. That shouldn't be allowed. He is enjoying the fruits of the labour of the applicants," said Shava.
Tshabangu's lawyer, Lewis Uriri urged the court to dismiss the application because the party had failed to act on time and started legal proceedings after the recalls had been announced and confirmed.