Munyaradzi Mashiri, Court Correspondent
The Supreme Court has dismissed an appeal by National Assembly Speaker Jacob Mudenda and Citizens Coalition for Change Secretary General Sengezo Tshabangu, challenging a High Court ruling that nullified a controversial parliamentary reshuffle.
A three-judge Supreme Court bench struck the appeal off the roll, ruling it was improperly before the court due to the absence of a formal written order from the High Court—a prerequisite for lodging an appeal.
“The matter is struck off the roll,” the judges ruled. “In executing the court’s review powers, the proceedings in the High Court are hereby set aside. The matter is remitted to the court a quo for hearing de novo before a different judge.”
The initial ruling by Justice Neville Wamambo in December last year found Tshabangu’s reshuffle of CCC parliamentary representatives unlawful and barred him from making further changes.
Following the Supreme Court decision, Tshabangu’s lawyer, Lewis Uriri, criticized the High Court ruling, saying it lacked the legally required operative part of a judgment.
“The High Court essentially wrote an essay—an opinion piece—not a formal judgment,” Uriri said. “There was no operative order stating what should happen next, and for that reason, the Supreme Court has set aside the proceedings and referred the matter for a fresh hearing.”
Method Ndlovu, representing Welshman Ncube, offered a more neutral take, saying the Supreme Court’s decision did not favor any party.
“The court simply stated that there was no proper order to appeal against. The dispute itself remains unresolved,” Ndlovu said.
In the original ruling, Justice Wamambo found the reshuffle—carried out by Tshabangu and endorsed by Mudenda—violated the Constitution. He ruled that the removal of MPs Lynette Karenyi and Edwin Mushoriwa from their posts, including the position of opposition chief whip, was unconstitutional.
He also invalidated the appointment of Nonhlanhla Mlotshwa as “Overall Opposition Chief Whip,” stating the position has no basis in law.
“The appointment of Mlotshwa to a non-existent role under the Constitution is hereby declared unlawful,” Wamambo stated. “The reshuffle and redeployment of CCC MPs to parliamentary committees by Tshabangu is null and void.”
The matter now returns to the High Court for a full rehearing before a different judge.
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