CCC secretary-general Sengezo Tshabangu has formally withdrawn his appeal to the Supreme Court, which sought to challenge a High Court ruling that declared his recent changes to the party's parliamentary leadership unlawful.
The appeal, co-filed with Nonhlanhla Mlotshwa, named several key respondents, including the CCC acting president Professor Welshman Ncube, Lynette Karenyi, Sessel Zwidzai, Edwin Mushoriwa, and the Speaker of the National Assembly.
The notice of withdrawal, submitted on January 9, 2025, included an offer to cover costs incurred during the legal proceedings.
This withdrawal follows a decisive High Court judgment in which Justice Neville Wamambo ruled against Mr Tshabangu's unilateral actions to alter the party's parliamentary leadership structure.
The judgment was handed down in response to an urgent application filed by Professor Ncube, who successfully argued that Mr Tshabangu lacked the authority to reassign Members of Parliament.
Prof Ncube maintained that Mr Tshabangu's actions constituted covert recalls, a practice explicitly prohibited by a prior High Court ruling.
Justice Wamambo upheld this position, finding that Mr Tshabangu's attempt to remove Lynette Karenyi, Sessel Zwidzai, and Edwin Mushoriwa from the Parliamentary Committee on Standing Rules and Orders amounted to recalls both in their substance and legal effect.
The judge further ruled that Mr Tshabangu's appointment of Nonhlanhla Mlotshwa as opposition chief whip was unconstitutional, as the position itself lacks legal recognition under the country's framework.
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Moreover, Mr Tshabangu's self-appointment as the overall leader of the opposition in Parliament was deemed a flagrant violation of CCC's internal hierarchy. In granting the interim relief sought by Prof Ncube, Justice Wamambo annulled Mr Tshabangu's reshuffle of parliamentary leadership.
The judge cited an earlier judgment by Justice Tawanda Chitapi, which had explicitly barred Tshabangu from initiating recalls pending the resolution of the primary legal dispute surrounding his authority.
Justice Wamambo remarked: "Further, the reshuffle in this case amounts to a recall both literally and at law. I also find that the position of chief whip is not sanctioned by the constitution and is thus unlawful. The removal of members from the CSRO and their replacement amounts to a recall. Effectively, the first respondent disobeyed the order rendered in HH 652/23. In light of these circumstances, I find that the application is meritorious and should be granted."
