High Court nullifies AFM Zimbabwe leadership elections

The Apostolic Faith Mission of Zimbabwe (AFM) presidium led by Reverend Dr Cossam Chiangwa has been declared unlawful after the High Court nullified the church's May 3, 2025 leadership elections and ordered fresh polls within 30 days.

High Court Judge Justice Tawanda Chitapi ruled that the church's National Apostolic Council acted outside its powers when it increased the constitutional age limit for candidates from 65 to 70 years, paving the way for candidates who were above the prescribed age to contest the election.

Dr Chiangwa was elected president, while Reverend Amon Chinyemba, Dr Nathan Nhira and Shepherd Sebata were elected deputy president, general secretary and national administrator respectively.

The dispute arose from a National Apostolic Council meeting held at Mufaro Conference Centre in Mushagashe, Masvingo, on February 8, 2025, where members resolved to increase the maximum age for candidates from 65 to 70.

Justice Chitapi found that the council did not have the authority to amend Clause 14.2.1 of the AFM constitution, which provides that candidates for the church's senior leadership positions must not be older than 65 at the time of election.

The case was brought by church members Daniel Mhlanga and Dennis Maposa under Case Number HCH2288/26.

They sought an order declaring the May 3 election invalid, arguing that the constitutional amendment allowing older candidates to contest was unlawful.

They also sought to prevent the affected leaders from participating in any fresh election and asked the court to set aside decisions made by the presidium since it took office.

Justice Chitapi ordered the church to conduct fresh elections for president, deputy president, general secretary and national administrator within 30 days.

"First respondent shall conduct a fresh election within 30 days of this order to fill the positions of president, deputy president, general secretary and national administrator," the judge ruled.

The fresh election must be conducted in accordance with the AFM constitution and a memorandum dated April 12, 2024.

The court further ruled that Dr Chiangwa, Reverend Chinyemba and Dr Nhira would not be eligible to contest the fresh elections, while only candidates who met the qualification requirements as at May 3, 2025 would be allowed to stand.

Justice Chitapi also nullified major actions, decisions and resolutions taken by the disputed leadership after May 3, 2025, including the church's controversial provincial delimitation exercises.

To ensure continuity while preparations for the fresh election are made, the court ordered the church to establish an interim committee comprising five former overseers within 48 hours.

The committee's mandate is limited to administrative matters and preparations for the election.

"The interim committee shall not be allowed to make policy decisions concerning the affairs of the first respondent," Justice Chitapi said.

The judge directed Dr Nhira to convene an Apostolic Council meeting to facilitate the election of the interim committee.

The committee will cease to exist once a new leadership is elected or after 30 days, whichever occurs first.

Responding to the judgment on Wednesday, Dr Chiangwa confirmed that the court had issued the ruling but disputed suggestions that AFM had breached its constitution.

"The High Court has not found any constitutional breaches by AFMoZ. The correct position is that the matter fell on a default judgment owing to a technicality with the court papers," he said.

He added that the church had invoked available legal remedies and was awaiting the court's decision.

"As the matter is sub judice, we cannot discuss it further," he said.

Dr Nhira, who was directed to convene the Apostolic Council meeting within 48 hours, said the church would issue a formal statement after its meeting.

The judgment followed a preliminary challenge concerning the validity of the respondents' opposing affidavit.

Counsel for Mhlanga and Maposa, C Makorokotera, argued that an affidavit sworn by Dr Chiangwa had been improperly commissioned because the date on which the oath was administered had been inserted by the deponent rather than the Commissioner of Oaths.

Representing the respondents, lawyer Obey Shava argued that there was nothing irregular about the procedure and relied on provisions of the Justices of Peace and Commissioners of Oaths Act.

Justice Chitapi rejected that argument, holding that the commissioner must administer the oath and endorse the date contemporaneously.

"The commissioner must also endorse the date on which the oath was administered, and those acts must occur contemporaneously," the judgment states.

The court found that because the date had been inserted by the deponent, the authenticity of the affidavit could not be satisfactorily established.

The respondents' opposing papers were consequently struck from the record, leaving the application effectively unopposed.

Justice Chitapi then proceeded to determine the substantive application and declared the February 8 resolution increasing the age limit from 65 to 70 unlawful and without legal effect.

The court reaffirmed that the 65-year limit contained in Clause 14.2.1 of the AFM constitution remains binding.

As a result, the May 3, 2025 election of Dr Chiangwa, Reverend Chinyemba, Dr Nhira and Sebata was declared unlawful, null and void.

The four respondents were also ordered to jointly pay the applicants' legal costs on the higher legal practitioner-client scale.