By A Correspondent-The leader of the fractured opposition Citizens Coalition for Change (CCC), Welshman Ncube, has filed a fresh urgent High Court application seeking to block self-proclaimed interim secretary-general Sengezo Tshabangu from asserting control over the party.
Ncube is challenging a recent court ruling in Tshabangu’s favour that declared the terms of office for CCC leaders unlawful.
Tshabangu had approached the High Court earlier this year seeking a declaration that the terms of office for CCC officials elected in Gweru expired on May 27, 2024. He also sought to nullify his own expulsion from the party, arguing that the officials who dismissed him no longer held legitimate authority.
In his application, Tshabangu cited CCC officials Sessel Zvidzai, Concillia Chinanzvava, Gilbert Kagodora, Shepherd Mushonga, and the party itself as respondents.
However, Ncube now argues that the judgment delivered by Judge President Justice Mary Zimba-Dube in Tshabangu’s favour was granted by default, due to a technical error.
He submitted that, although a notice of opposition had been filed and legal counsel had appeared in court on the scheduled date, the matter was nonetheless deemed unopposed.
Citing the court record, Ncube noted:
“As more fully appears from Annexure ‘B’, in particular paragraph 35 at page 11, which states: ‘[T]here being no authority to defend this application, there is no opposition and the respondent’s opposing affidavit is struck out, rendering the application unopposed’, the order granted was therefore a default judgment.”
Ncube insisted that the perceived default was not intentional.
“This was not a deliberate omission,” he said. “The error arose under the pressure of multiple urgent court filings, including Supreme Court matters between February 27 and March 5, 2025.”
He described the non-compliance as a technical oversight rather than a sign of bad faith, and argued that the delay was neither excessive nor prejudicial.
“The prospects of success on the merits are reasonable, and there is a good likelihood of success if the matter is heard,” Ncube added.
Tshabangu, however, swiftly dismissed Ncube’s fresh application as baseless.
“The application is hopeless. It doesn’t even warrant argument,” said his spokesperson Nqobizitha Mlilo. “This is the first time in the history of litigation that a judgment delivered after full pleadings is being called a default judgment.”
He added:
“Even more bizarre is the suggestion that such a judgment can be rescinded. Those who teach law—and those who are taught—should know better.”