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Mashudu Mambo

THE Apostolic Faith Mission (AFM) in Zimbabwe leadership has approached the High Court seeking an eviction order against five pastors based in Gokwe who are allegedly aligned to a rival camp that recently lost the bruising legal battle.

The battle to control AFM started in 2018 resulting in the emergence of two rival camps, one led by Reverend Amon Dubie Madawo and the other by Rev Cossam Chiangwa who is the church’s former deputy president.

The dispute between the two camps spilled into the Supreme Court after a group led by Rev Chiangwa filed an appeal against a High Court order that gave Rev Madawo’s faction blessings to lead the church.

Rev Madawo’s camp in June 2021 won the legal battle after the Supreme Court upheld a previous High Court decision and agreed that a 2018 meeting that purported to change the leadership was void.

In its latest application, AFM leadership through its lawyers Calderwood, Bryce Hendrie and Partners, filed a court application at the Bulawayo High Court seeking an interdict and eviction order against Reverends Onias Ngwenya, Victor Nyeza, Mugove Marapira, Loyd Majoni, and Muzila Pedzisai

The five clergymen, who were cited as respondents in the court papers, were formerly employed by the church as pastors until October 2018 when their services were terminated for refusing to recognise the current leadership.

In his founding affidavit, AFM deputy president Rev Clever Mupakaidzwa said the respondents who are based in Gokwe repudiated their contracts of employment by failing to tender services to the church and refusing to abide by the church’s constitution.

“The respondents have seceded from the church in that they have severally or acting together refused to recognise the duly elected leadership of the church currently led by Rev Madawo. They conducted themselves in a manner that suggests to a reasonable person that they no longer consider themselves to be members of the church,” he said.

Rev Mupakaidzwa said the respondents are aligned with Rev Chiangwa’s group which seceded from the church.

“The applicant is not aware whether the fourth and fifth respondents were its members but avers that they have aligned with the first, second and third respondents who have seceded from the church in that they have severally or acting together refused to recognise the duly elected leadership of the church currently led by Rev Madawo,” he said.

Rev Chiangwa said the respondents refused to abide by the church’s constitution promulgated in 2019.

“They congregated themselves with other persons under a different church or ecclesiastical body from that of the applicant called Apostolic Faith Mission in Zimbabwe, and conducted themselves in a manner that suggests to a reasonable person that they no longer consider themselves to be members of the applicant,” he said.

Rev Mupakaidzwa said although the five pastors were not a party to the High Court and Supreme Court proceedings, they are aligned to the faction called Apostolic Faith Mission of Zimbabwe led by Rev Chiangwa and Nathan Nhira who seceded from the applicant and recognise them as their leaders from whom they take instructions.

As part of their conditions of employment, the respondents enjoyed the use and occupation of the church properties that included church houses in Nembudzia Growth Point in Gokwe.

“In all manner that this matter may be considered, it is my humble submission that the actions of fourth and fifth respondents suggest that they are too aligned to the Rev Chiangwa-led faction, and consequently if ever they were members of the applicant, they have since seceded from it,” said Rev Mupakaidzwa.

He said the respondents lost their right to use the church properties upon termination of their employment contracts and secession from the church.

“Despite the termination of their employment contracts and secession, the respondents have continued to use and occupy the church premises as pastors without the consent of the church. They have failed or refused to render vacant and undisturbed possession of the church property,” he said.

Rev Mupakaidzwa wants an order interdicting the five pastors including those aligned with them from using or occupying the church buildings.

“In this regard, I pray that the interdict prevents the respondents from using or accessing all AFM properties wherever situated as I have a reasonable apprehension that the respondents may conduct themselves in a reprehensible manner to frustrate the relief sought,” he said.

The row over control of the church and its assets was sparked by the church’s council meeting held at Rufaro, Masvingo in 2018.

The meeting, as part of its resolutions, passed a vote of no confidence on the president of the church. The results of the council meeting saw leaders of both factions taking the matter to court.

The respondents are yet to respond.