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Harare High Court
CITIZENS FOR COALITION FOR CHANGE v SENGEZO TSHABANGU and SPEAKER OF THE NATIONAL ASSEMBLY N.O. and PRESIDENT OF THE SENATE N.O. and MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS N.O.
HH 652/23
Case Details
Court
Harare High Court
Date
6 December 2023
Citation
HH 652/23
Neutral Citation
[2023] ZWHH 652
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Administrative lawConstitutional lawInterdicts
Keywords
Political partyRecall of membersParliamentary membershipProvisional orderInterdict
Tags
Political party disputesParliamentary recallsInterdictProvisional order
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has established a prima facie case for grant of provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over first respondent's authority, pending main case"}
- {"issue_text":"Whether first respondent has authority to recall CCC members","issue_type":"mixed","dispositive":"no","related_facts":"Conflicting constitutions, disputed positions"}
- {"issue_text":"Whether matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Continued recalls despite pending litigation"}
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background
Facts of the Case
Background
The applicant, a political party called Citizens Coalition for Change (CCC), sought a provisional order interdicting the first respondent from recalling its elected members from Parliament and local authorities. The first respondent claimed to be the interim Secretary General of CCC and had issued recall letters. The applicant disputed his authority and had already instituted main proceedings in HC 6872/23.
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