AFMA church wrangle spills to Supreme Court

BULAWAYO- THE wrangle over control of the Apostolic Faith Mission of Africa (AFMA) in Bulawayo is far from being over after dethroned Reverend Tony Tshuma took his case to the Supreme Court on appeal against the Bulawayo High Court decision forcing him to step down as the church overseer and president.

Rev Tshuma was appointed to lead the church in 2008 but Justice Nokuthula Moyo last week declared his appointment a nullity, saying proper procedures were not followed.
She ruled that the church should elect a new leader and board members in terms of the church's constitution of 1986.

Dissatisfied with the court ruling Rev Tshuma - who is being represented by Majoko and Majoko law firm - filed a notice of appeal at the Supreme Court in Harare on Friday, seeking to quash the lower court's decision.

In his notice, which sets out the grounds of appeal, Rev Tshuma argues that the lower court erred when it upheld the preliminary point raised by the splinter group led by Rev Clement Nyathi.

He contends that the lower court delivered judgment on the substantive merits of the application when only preliminary points were argued before the court.

"Alternatively, having ruled as it did that the first and second appellants (AFMA and Rev Tshuma) were not properly before it by reason of the proceedings before it not having been authorized by the first appellant, the court a quo (lower court) erred in proceeding to enquire into and rule on matters, consequently, not before it," read the notice of appeal.

"The court a quo erred in granting gratuitous relief and advice not prayed for by the parties to the extent that the court a quo directed the first appellant to fill vacancies in the Board and elect a president," reads part of his Supreme Court application.