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Fidelis Munyoro Chief Court Reporter
An Apostolic Faith Mission in Zimbabwe (AFM) splinter group led by Bishop Cossam Chiyangwa has been ordered to vacate the church building at Westgate, Harare, and pay costs of litigation.
Bishop Chiyangwa, a former deputy president of AFM, following a Supreme Court ruling that he was an illegitimate leader, left the church to form another one.
But he, together with his followers, last month besieged the church property known as 696 New Adylin Westgate, Harare, and started conducting church services.
They gained entrance to the church building after breaking the lock to a gate and occupied the property and have been in possession of the property since then.
This prompted the church to file an urgent High Court application for spoliation seeking to restore possession of its property. Justice Amy Tsanga granted the application, which is likely to bring enormous relief to the church and its followers.
“The respondent (Chiyangwa) and all those who claim occupation and possession of the property known as 696 New Adylin, Westgate, Harare, be and are hereby ordered to restore vacant possession of the property to the applicant (AFM) upon service of this order, failing which the Sheriff be and is hereby authorised to asset the applicant to recover vacant possession thereof,” she said.
In her ruling, Justice Tsanga said evidence from Bishop Chiyangwa’s own averments in his notice of opposition and submissions by his legal counsel clearly showed he was not happy with the Supreme Court decision because it did not address the issues of possession and ownership of the premises.
Through his legal counsel, Bishop Chiyangwa sought to justify possession of the church premises on the basis that possession should be looked differently when it comes to church premises.
Justice Tsanga found that his line of argument could not take the case further.
“Self-help runs contrary to the rule of law,” said Justice Tsanga.
“The fact that the respondent managed to take over the premises on October 10 by force of numbers before breaking the gate lock on October 11 in fact points to forceful dispossession.”
The battle over control of the AFM reached final victory for Bishop Amon Dubie Madawo and his supporters when the Supreme Court in May this year upheld a previous High Court decision and agreed that a 2018 meeting which purported to change the leadership was void.
But the group loyal to Bishop Chiyangwa, whose appeal was dismissed by the Supreme Court, announced that they would form a separate body, if possible remaining under AFM International, but otherwise as a separate church, and would continue occupying church property until legally evicted.
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