Supreme Court Dismisses Appeal of CCC Legislators Expelled By Interim Party Secretary
The Supreme Court has dismissed an appeal filed by the initial group of CCC legislators, who were removed from both the national assembly and the senate in October last year under the directive of self-proclaimed interim party secretary general Sengezo Tshabangu.
This decision came after they failed to submit the required US$5,000 security for costs.
Their initial appeal was dismissed from the docket in December last year.
In the subsequent case, it was revealed that the MPs had not submitted payment, assuming that their initial application’s fee would suffice for the subsequent appeal.
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“The present appeal was deemed abandoned for failure to pay costs,” Advocate Lewis Uriri, lawyer representing Tshabangu said.
“The present appeal was filed on December 13. The appellants were obligated to enter sufficient security within 30 days.
“We submit that has not been done. The appeal was then deemed dismissed and abandoned.
“My learned friends take two points. That they tendered the security for costs in the appeal itself.
“The second point they take is that they trans-located the costs that have been paid in SC631/23. SC631/23 involved an appeal by the same parties against the same judgement.
“Security was agreed at US$5,000 and paid in November 2023.
“The appeal was struck off the roll. My learned friends submit that the money paid in SC631/23 is good security.
“We submit differently. That money was for SC631/23. It cannot be transferred to the present appeal.”
Advocate Amanda Sihle Ndlovu, representing the MPs, acknowledged that the security costs had not been paid.
“I have been informed that the letter was uploaded but has not been approved by the registrar.
“There is an acceptance that the security of costs has not been done according to the law. By operation of the law, it has been deemed dismissed,” she said.
