Court ends church row

THE High Court has nullified the election of Reverend Isaac Soda as bishop of the Evangelical Church of Zimbabwe (ECZ) after finding that the process was in flagrant violation of the church's constitution. ECZ is made up of 132 congregations locally and one in Mozambique, and owns Karanda Mission Hospital in Mt Darwin, which draws patients from all over the country.

Bishop Benson Makachi, who was the church's leader prior to the dubious meeting of March 2015, remains the legitimate head of the church. Justice David Mangota dismissed an application by Rev Soda to be declared the legitimate leader, saying his case was hopeless and that the court could not confirm an illegality.

"The applicant (Rev Soda) showed that his application was hopelessly beyond redemption. He could not therefore, get the relief which he prayed for even if the first respondent's opposing papers were defective and therefore improperly before the court.

"He, out of zeal, bended the provisions of the constitution to achieve what his heart desired most. A few of his colleagues assisted him in the process. The court could not sanction such conduct," ruled Justice Mangota.

Justice Mangota also stated in the judgment that it was not the court's business to anoint or to ordain bishops, but simply to establish whether the agreed constitution was adhered to in the conduct complained of.

"The court reminds the applicant that it is not the business of the court to anoint, consecrate, appoint or ordain priests and bishops. That aspect lies within the jurisdiction's membership as dictated to the same by its rules, regulations, practices and or procedures.

"Where a dispute of this nature arises, the court's duty is to interpret the contents of the document which governs the activities of the organisation and ascertain if what the members did was or is in sync with what they agreed…"

The court found that when the March 21 meeting that elevated Rev Soda to the position of bishop was convened, the quorum was short by five delegates. "Minutes of the conference of March 21 2015 recorded that the quorum was short by five delegates to reach the required mark of 100 delegates.

"The minutes also recorded that when the process leading to the election of the bishop was about to be undertaken, four members walked out of the conference. "It is on the basis of the foregoing that the court remained of the view that the delegates to the conference of 20-21 March 2015 violated the constitution of the first respondent (ECZ) left, right and centre in their effort to catapult the applicant into the office of bishop," the judge ruled.

Justice Mangota, in his judgment indicated that the church and the other parties in the leadership wrangle were not new to the courts as the High Court has dealt with three other cases involving the same parties since last year.