The High Court has indefinitely reserved its judgement in a matter Citizens Coalition for Change (CCC) leaders who were dismissed from their Parliamentary roles by the secretary general of the party, Sengezo Tshabangu are suing him.
The urgent High Court application was heard by Justice Neville Wamambo who promised to hand down his judgment on a later date.
The leaders include the interim party leader, Welshman Ncube and his deputy, Lynette Karenyi Kore, Sesel Zwidzai and Edwin Mushoriwa who filed an application citing their party as the first applicant.
Tshabangu recently dismissed the leaders from their parliamentary roles and appointed his selections in their place.
Tshabangu, the Speaker of the National Assembly, and Senator Nonhlahla Mlotshwa were cited as respondents in court papers
The applicants are seeking a court declaration that Tshabangu's decisions to oust them from the Standing Rules and Orders Committee (SROC) are unlawful and exceed his constitutional authority.
They are also challenging Mlotshwa's appointment as the CCC chief whip, claiming that such a position is not recognised under Section 151 (2) of the Constitution.
Additionally, they are contesting the reshuffling of various CCC members across different parliamentary committees to which they were originally assigned.
They seek an order to prevent the Speaker from announcing these changes in the National Assembly.
In the application, Ncube said Tshabangu will soon face disciplinary proceedings for what he did.
On Monday his lawyer Method Ndlovu told the judge that the Speaker quickly acted on Tshabangu's actions but ignored several letters from his client.
"There are several letters which were written by the applicants but they were ignored but he was so quick to act on the which was written by the second respondent," Ndlovu said.
Ncube said Tshabangu defied an existing court order barring him from recalling party members adding that the reshuffle was as good as recall.
"His actions (Tshabangu) do not represent the collective decision of the CCC.
"He was on a frolic of his own and what he did does not reflect the collective and correct position of the 1 Applicant (CCC).
"He is a non-entity and it is surprising that the Speaker keeps entertaining him instead of the party," Ncube said in his founding affidavit when he filed the lawsuit.
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Lewis Uriri and Nqobani Sithole representing Tshabangu said the High Court has no jurisdiction to hear Ncube's application.
"The significance of the mootness was never lost. They became aware of their problem on December 16 but they already knew that parliament had accepted that there would be changes.
"The juristic act had already taken place. All the speaker does is that I have to inform them that these changes have been made. They want to interrupt changes which have been made," Uriri said.
