By Thomas Madondoro
CCC Dispute: Tshabangu 1 Chamisa 0
Court Dismisses Application, Emphasizes Need for Clarity in Party Processes
In this judgment, the court defines a political party as a voluntary association of individuals who share a common ideology on how to govern the state. They believe that if their members are elected to Parliament and the party gains control of governmental power, they will use it for the benefit of all citizens. The court emphasizes that a constitution is not a prerequisite for the formation of a political party but is highly advisable to avoid legal disputes.
The case in question involved a dispute within a political party, where some members claimed to be representatives of the party in Parliament while others contested their legitimacy. The court ruled that the applicants failed to provide sufficient evidence to support their claims and that the party itself should have been in court to clarify the matter. The court also criticized the lack of participation by the party leader in the litigation.
The court found that the first respondent's letters to the presiding officers of Parliament, which initiated the recall of certain members, satisfied the legal requirements. The applicants failed to produce their party's constitution or any document demonstrating that the first respondent did not hold the position he claimed. As a result, the court dismissed the application and ordered the applicants to pay the respondents' costs.
The judgment underscores the importance of having clear constitutive documents for political parties and the need for transparency in party processes, especially in matters related to parliamentary representation. It also highlights the legal requirements for admissibility of evidence in court applications.
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