The High Court has dismissed an urgent application by the Citizens Coalition for Change (CCC) faction led by Jameson Timba in which they wanted to prevent the Sengezo Tshabangu aligned faction from receiving funds from the Political Parties’ Fund.
The application, filed by Timba’s CCC, sought to block the rival faction from accessing ZWL$22,116,500, which is part of the ZWL$70 million disbursed to political parties that participated in the August 2023 harmonized elections.
The disbursement of funds was confirmed in a government notice last month.
Justice Faith Mushure, presiding over the matter, struck the application off the roll, ruling that the applicants had delayed too long before approaching the court.
“The factual circumstances giving rise to this urgent application were known to the applicant and have been ongoing since at least October 16, 2023. There was an undue delay and laxity on the part of the applicants in bringing this application to court,” Justice Mushure said in her judgment
Timba’s CCC faction had named Justice, Legal, and Parliamentary Affairs Minister Ziyambi Ziyambi, Finance Minister Mthuli Ncube, Tshabangu, and another CCC faction led by Welshman Ncube as respondents in the case.
The faction argued that if the funds were disbursed to Tshabangu’s group, they would suffer irreparable harm and there would be no way to recover the money.
However, Justice Mushure disagreed, stating that the CCC’s claims were not properly substantiated.
“The applicants do not give cogent reasons for holding these views. They simply make bare allegations. The first applicant’s right to the money remains open, even if the matter is not dealt with urgently,” noted Justice Mushure
The judge highlighted that the Timba faction had ample time to address the issue but failed to act swiftly.
“An applicant is expected to have acted with the same urgency it wishes that the matter be accorded,” Justice Mushure said, adding that their delayed response undermined the urgency of their case.
The ruling leaves Tshabangu’s faction set to receive its portion of the Political Parties’ Fund, adding to the ongoing power struggle within the CCC.
The party, formed as a breakaway from the Movement for Democratic Change (MDC), has faced increasing internal discord following the August elections.
For now, the funds remain a point of contention as the rival factions continue to battle for control over the party’s financial resources.
Timba’s faction is expected to pursue further legal avenues, but for now, the court’s decision hands a significant victory to Tshabangu’s camp.
“The expectation is that, faced with the alleged failure to respond from the first respondent and the conflicting media reports, the applicant would have reacted immediately,” said Justice Mushure, criticizing the Timba-led CCC’s delayed reaction.
