News / Local
AFM Church leader's promotion was unlawful
06 Aug 2014 at 09:40hrs | Views
The High Court has ordered the leader of a faction of the Apostolic Faith Mission Church of Africa (AFM) Reverend Clement Nyathi, appointed president and overseer of the church by fellow clergymen, to step down as his elevation was unlawful.
Justice Lawrence Kamocha granted the provisional order on Friday following an urgent chamber application by the church and its president and overseer, Reverend Tony Tshuma on July 28 2014, that Nyathi's appointment as president was unconstitutional.
The applicants were represented by their lawyer Walter Nyabadza of Majoko and Majoko firm while the respondents in the matter, Reverends Nyathi, Joseph Matongo and James Morris were represented by Thabani Mpofu.
Reverends Matongo and Morris, who belong to the camp alleging that Tshuma imposed himself as president and overseer of the church after the death of Reverend Philemon Sibanda in 2008, appointed Nyathi as its leader.
The provisional order granted by Justice Kamocha interdicted Nyathi from acting as president.
"The 2nd and 3rd respondents' (Matongo and Morris) actions to appoint 1st respondent (Nyathi) as president and overseer of the 1st applicant (AFM Church) be and is hereby declared to be unlawful and unconstitutional," stated the order.
"The 1st respondent (Nyathi) be and is hereby interdicted from acting as or purporting to be the president and overseer of the 1st applicant (AFM Church)."
In the application, Tshuma and the church had noted that the respondents' conduct was unlawful and unwarranted, considering that there were pending matters before the court pertaining the leadership disputes.
"The respondents have acted in a manner which dislodges the very dispute before this court instead of waiting for the courts to determine on the issues and act legally," stated the applicants.
The Nyathi camp in June made an application before the High Court, opposing an application by the church and Tshuma to endorse constitutional amendments
and validate Tshuma's presidency.
Nyathi's faction alleged that Tshuma fraudulently took over the reins in 2008.
The church that is headquartered in Lobengula Township has been rocked by leadership squabbles since the death of Sibanda who had led the church from 1982 after breaking away from the main church in Pelandaba.
Justice Lawrence Kamocha granted the provisional order on Friday following an urgent chamber application by the church and its president and overseer, Reverend Tony Tshuma on July 28 2014, that Nyathi's appointment as president was unconstitutional.
The applicants were represented by their lawyer Walter Nyabadza of Majoko and Majoko firm while the respondents in the matter, Reverends Nyathi, Joseph Matongo and James Morris were represented by Thabani Mpofu.
Reverends Matongo and Morris, who belong to the camp alleging that Tshuma imposed himself as president and overseer of the church after the death of Reverend Philemon Sibanda in 2008, appointed Nyathi as its leader.
The provisional order granted by Justice Kamocha interdicted Nyathi from acting as president.
"The 2nd and 3rd respondents' (Matongo and Morris) actions to appoint 1st respondent (Nyathi) as president and overseer of the 1st applicant (AFM Church) be and is hereby declared to be unlawful and unconstitutional," stated the order.
"The 1st respondent (Nyathi) be and is hereby interdicted from acting as or purporting to be the president and overseer of the 1st applicant (AFM Church)."
In the application, Tshuma and the church had noted that the respondents' conduct was unlawful and unwarranted, considering that there were pending matters before the court pertaining the leadership disputes.
"The respondents have acted in a manner which dislodges the very dispute before this court instead of waiting for the courts to determine on the issues and act legally," stated the applicants.
The Nyathi camp in June made an application before the High Court, opposing an application by the church and Tshuma to endorse constitutional amendments
and validate Tshuma's presidency.
Nyathi's faction alleged that Tshuma fraudulently took over the reins in 2008.
The church that is headquartered in Lobengula Township has been rocked by leadership squabbles since the death of Sibanda who had led the church from 1982 after breaking away from the main church in Pelandaba.
Source - Zim Mail
