CIVIC organisation, Ibhetshu Likazulu, is likely to face hefty legal costs after withdrawing its Constitutional Court challenge against Zanu PF’s 2030 agenda, legal experts have warned.
The organisation recently withdrew its application challenging the proposed extension of President Emmerson Mnangagwa’s stay in office from 2028 to 2030 through Constitutional Amendment No. 3.
A legal expert who preferred anonymity said withdrawing the matter at this stage of litigation could result in the organisation being ordered to pay legal fees incurred by the respondents, including the government.
“In most litigation matters, when a party withdraws proceedings, the general rule is that costs follow the cause,” the lawyer said.
“This means the party that has withdrawn the matter may be ordered to pay the legal costs incurred by the opposing parties, including the government, unless the court directs otherwise.”
Another legal expert said costs can quickly escalate in Constitutional Court matters, particularly where multiple respondents are involved.
“When a matter reaches the Constitutional Court and involves several respondents such as the State and other institutions, legal costs can accumulate significantly. If the court orders costs, the withdrawing party will likely be responsible for those expenses,” the lawyer said.
He added that courts often impose cost orders to compensate other parties who would have already incurred expenses preparing to defend the matter.
“This principle discourages abuse of court processes and ensures that parties do not institute proceedings lightly and then abandon them without consequences,” the lawyer said.
Ibhetshu Likazulu confirmed the withdrawal of the case in a letter dated March 9 addressed to their legal counsel Nqobani Sithole.
“May I inform you that Ibhetshu Likazulu has decided to withdraw its court case challenging the extension of presidential tenure and parliament from 2028 to 2030, and through this letter I kindly request that you officially withdraw our application,” reads part of the letter written by the organisation’s secretary-general Mbuso Fuzwayo.
Fuzwayo said the decision to withdraw the matter followed what he described as a smear campaign against the organisation and its leadership after it mounted the legal challenge.
“Our decision comes against a background of mudslinging and smear campaigns against Ibhetshu Likazulu and its leadership following our court challenge and we felt that our noble action should not result in unfounded allegations and baseless suspicion that tarnish the image of our organisation.
“May I take this opportunity to thank you on behalf of our organisation for the professional service you have always rendered with utmost dedication,” the letter further reads.
In an earlier statement addressed to stakeholders, Fuzwayo said the decision to terminate the legal process was reached after consultations, although the organisation remains opposed to constitutional changes linked to extending Mnangagwa’s tenure beyond 2028.
“May I therefore take this opportunity to thank all those whose faith in our work remained unshaken despite the barrage of false accusations, with some such outrageous allegations coming from those we had all along perceived as progressive elements within the broad democratic struggle.
“Our sincere gratitude to our attorney, Nqobani Sithole, who has stood with Ibhetshu Likazulu in good and difficult times alike. A special mention to Samkeliso Tshuma and Thandekile Moyo, as well as all who supported us,” he said.
