Chibaya, Ostallos Barred From Contesting In Today’s By-Elections
3 February 2024
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By Crime & Courts Reporter- The High Court in Harare Friday granted CCC’s self-imposed Secretary General, Sengezo Tshabangu, leave to execute, pending an appeal by the party’s recalled elected representatives in the Supreme Court, the court’s judgment which removed the names of the affected members from the ballot papers for today’s by-elections.

Tshabangu approached the High Court after the former MPs and Councillors, whom he recalled, among them Amos Chibaya and Gift “Ostallos” Siziva, successfully filed nomination papers to contest the 03 February by-elections.

The former CCC MPs and councillors then appealed against the High Court ruling at the Supreme Court, which is yet to make a ruling on the application.

Since it is a generally acceptable principle that at common law the noting of an appeal suspends the operation of a judgment, Tshabangu approached the High Court to ensure that the ruling that barred the recalled members from running in tomorrow’s by-elections, is enforced pending appeal.

In his ruling, Justice Pisirayi Kwenda declared:

The application be and is hereby granted.

The applicants be and are hereby granted leave to execute this court’s judgment in case no HCH 197/24 pending the appeal in case no SC44/24.

Each party shall bear its costs.

This means that the likes of Chibaya and Siziva will not stand for Mkoba North and Pelandala-Tshabalala, respectively, as CCC candidates in the 03 February by-elections.