The Bulawayo Division of the High Court has ruled in favour of Sengezo Tshabangu, representing a faction of the Citizens Coalition for Change (CCC).
The ruling grants an application to remove Nelson Chamisa and his alleged supporters from the CCC’s Bulawayo office.
According to CITE’s report, High Court Judge Justice David Mangota ruled that although Nelson Chamisa was not physically in Bulawayo, he is unmistakably associated with those who forcefully occupied the CCC provincial party house located at Stand 41, Fort Street, between 2nd and 3rd Avenue. He said:
Chamisa, in my view, did not have to be in Bulawayo to despoil the applicant of its property. The fact that he could have taken advantage of technological advancements which are currently awash the world over cannot, in the circumstances of the present case, be ruled out,” said the judge in his judgement issued on March 15, 2024.
(Chamisa) must have employed those to achieve his desired end-in view in so far as his despoiling of the applicant is concerned. The old English adage which states, ‘he who acts through another acts himself’ holds true insofar as this application is concerned.
This comes after CCC filed an urgent court application arguing that Chamisa (former CCC leader), allegedly took control of CCC property through agents, assignees, proxies, or employees.
CCC alleged that supporters of Chamisa painted the property and its precast wall in blue and black colours and also displayed Chamisa’s portrait on the property.
Chamisa opposed the application. He distanced himself from those who “despoiled” the property.
He also stated that he hadn’t physically visited the property since resigning from CCC. Additionally, Chamisa denied involvement in any movement, grouping, or political party.
However, Justice Mangota, said neither Chamisa nor his alleged team denied that the walls of the property were repainted in blue and black. Said the judge:
Chamisa, in fact, admits the existence of the blue and black colours which appear on the walls of the applicant’s property as depicted in the photographs.
The judge agreed with CCC and Tshabangu that in despoiling the property, “the dispoliators were acting with, or from, the instructions of Chamisa.” Ruled Mangota:
The applicant proved its case on a preponderance of probabilities. It is, in the premises, ordered that: 1. The application be and is hereby granted as prayed in the draft order. 2. Each party shall bear its own costs.
Chamisa decided to leave the Citizens Coalition for Change (CCC) in January 2024. He asserted that the CCC had been “contaminated” and “hijacked” by the government.
He also accused the ruling ZANU-PF party of being behind this move, alleging that they abused state institutions to undermine the original purpose and mandate of the CCC.
The party, according to Chamisa, had essentially been “criminally handed over” to ZANU-PF.
