By Staff Reporter
The Supreme Court has today struck off the roll an appeal by recalled Citizens Coalition for Change legislator Prince Dubeko Sibanda and others challenging the authority of self-styled Interim Secretary General Sengezo Tshabangu to recall them.
The appeal follows a High Court ruling by Justice Munamato Mutevedzi who dismissed an application by recalled CCC legislators who sought to have Speaker of Parliament and the President of the Senate declared in error for effecting the recalls sought by Sengezo Tshabangu, as Interim CCC Secretary General.
According to the Supreme Court, the appellants did not deposit US$5000 security fee when they filed their appeal.
Speaking after the ruling, lawyer for the recalled legislators Advocate Amanda Sihle Ndlovu said her clients’ appeal was not heard on merit but procedure relating to security for costs.
“As you know this appeal was noted close to the end of last year, it was struck off the roll on procedural issues, meaning it was not heard on merit, unfortunately today again it was not heard on the merits there was an issue raised by the respondents counsel relating to security for costs, they were insisting that they need to be tendered with security for costs before the appeal can be heard, the court has agreed with this position meaning that the matter was removed from the roll.
“The appeal has not been dismissed that means that we now still have to sort out the issue of security for costs and come back to the courts for an appeal on the merits,” said Advocate Ndhlovu.
CCC faction led by Jameson Timba has told journalists that the issue of security for costs has since been rectified promising that the matter will be back in court soon.
