Methodist Pastor in trouble

Methodist Church's pastor from Borrowdale Circuit is facing a potential arrest following a High Court chamber application for contempt of court, filed on July 25, in Harare.

The application, brought by residents, accuses the church of violating a June 5, 2025, court order prohibiting the use of its premises at Number 9 Doverton Road, Borrowdale, for church services or events.

In case HCH 2095/23, the High Court, presided over by Justice Munangati-Manongwa, ruled that the United Methodist Church must secure permissions from the Director of Health and the Chief Fire Officer, as required by a 2017 Town Planning Permit, to operate at the premises.

The permit, which lapsed on July 31, 2019, due to non-compliance with its conditions, has not been renewed or extended, according to residents affidavit filed through Kantor & Immerman Legal Practitioners.

Residents allege that on June 29, 2025, the church resumed services and events at the property, prompting him to file a police report and instruct his lawyers to demand compliance.

A letter dated July 2, 2025, from Kantor & Immerman to the church's legal representatives, Scanlen & Holderness, cited an incident on March 29, 2025, where church security guards allegedly assaulted residents while he recorded the activities, further escalating tensions.

The church, represented by Vice Layleader Thankful Musukutwa, filed a notice of opposition and an opposing affidavit on July 25, 2025, denying the allegations of contempt.

Musukutwa argues that the church ceased operations after the June 5 judgment but resumed services only after obtaining a temporary permit from the City of Harare on June 9, 2025.

The church contends that this permit, issued by the Director of Works, authorises its activities and negates claims of willful non-compliance. The temporary license allows church gatherings pending construction of a permanent structure, subject to conditions such as providing ablution facilities, potable water, and adequate parking.

Musukutwa's affidavit raises two preliminary objections: first, that the resident's grievance lies with the permit's issuance, which should be challenged via administrative review, not contempt proceedings; second, that the application is defective because it targets the pastor personally, despite the church's separate legal personality as a common law universitas.

The church argues that the pastor, not cited in the original order, cannot be held in contempt or imprisoned without a chance to respond.

On the merits, the church asserts that the temporary permit overrides the court order, as it addresses the conditions precedent outlined in the judgment.

Musukutwa disputes the resident's claim of willful defiance, stating that the church acted lawfully under the permit and notified residents of this development.

 The church further argues that any challenge to the permit's validity belongs in an administrative court, not a contempt proceeding.

Residents' affidavit counters that the temporary permit is a "legal nullity," alleging it lacks grounding in local planning laws, was issued improperly on the same day it was applied for, and cannot stand given the lapsed 2017 permit.

He seeks a court order declaring the church in contempt, committing the pastor to 90 days in prison (suspended if operations cease within 48 hours), and awarding costs on an attorney-client scale, citing nearly a decade of legal disputes and financial prejudice.

The case, listed as HCHC 3520/25, awaits a High Court hearing.

If the church does not comply with procedural requirements, the application may proceed unopposed.

The dispute highlights ongoing tensions over land use compliance in Harare's Borrowdale area, with both parties awaiting judicial clarity on the permit's validity and the church's obligations.