Online Reporter
Samuel Kadungure
News Editor
THE Apostolic Faith Mission in 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.
The ruling, handed down by High Court Judge, Justice Tawanda Chitapi, found that the church’s National Apostolic Council acted outside its powers when it raised the constitutional age limit for candidates from 65 to 70 years, thereby allowing over-age contestants to participate in the election.
Dr Chiangwa was elected president, while Reverend Amon Chinyemba, Dr Nathan Nhira and Mr Shepherd Sebata were elected deputy president, general secretary and national administrator, respectively.
The dispute arose from a February 8, 2025 meeting of the National Apostolic Council at Mufaro Conference Centre in Mushagashe, Masvingo, where members resolved to increase the candidate age limit to 70 years.
However, Justice Chitapi ruled that the council lacked the authority to amend Clause 14.2.1 of the AFM constitution, which stipulates that candidates for the church’s top offices must not be older than 65 years at the time of election.
The judgment was delivered in favour of church members, Messrs Daniel Mhlanga and Dennis Maposa, who approached the court under Case Number HCH2288/26 seeking a declaratory order nullifying the election of the church leadership.
Messrs Mhlanga and Maposa argued that the constitutional amendment was unlawful and that the election of the four office bearers was therefore invalid. They also sought an order preventing the affected leaders from contesting in any fresh election and requested that all decisions made by the presidium since its election be set aside.
In his ruling, Justice Chitapi ordered the AFM to conduct fresh elections for the positions of 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 election shall be conducted in accordance with the constitution of the first respondent and the second respondent’s memorandum of April 12, 2024,” the judge ruled.
The court further ordered that Dr Chiangwa, Reverend Chinyemba and Dr Nhira would not be eligible to participate in the fresh election, while only candidates who qualified to contest as of May 3, 2025 would be permitted to stand.
Justice Chitapi also nullified all major actions, decisions and resolutions made by the leadership after May 3, 2025, including the controversial provincial delimitation exercises.
To ensure continuity of administration, the court directed the church to elect an interim committee comprising five former overseers within 48 hours of the judgment. The committee’s mandate is restricted to administrative duties and preparations for the fresh election.
“The interim committee shall not be allowed to make policy decisions concerning the affairs of the first respondent,” Justice Chitapi said.
The judge further ordered Dr Nhira to convene an Apostolic Council meeting to facilitate the election of the interim committee, which would cease to exist once a new leadership is elected or after 30 days, whichever comes first.
Responding to the judgment on Wednesday, Dr Chiangwa confirmed the ruling, but rejected suggestions that the church 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. We have since utilised remedies available in the courts and are awaiting the court’s decision. As the matter is sub judice, we cannot discuss it further,” he said.
Dr Nhira, who had been directed to call the Apostolic Council meeting within 48 hours, said the church would issue a formal statement on the matter.
“At the moment I am in a meeting and we shall issue a statement after the meeting. Since I now have your WhatsApp number, I will send you the statement,” he said.
The ruling followed a preliminary legal challenge concerning the validity of the respondents’ opposing affidavit. Counsel for the applicants, Mr C Makorokotera, argued that the affidavit sworn by Dr Chiangwa had been improperly commissioned because the date was inserted by the deponent rather than the Commissioner of Oaths.
Respondents’ lawyer, Mr Obey Shava, maintained that there was nothing irregular about the procedure and cited provisions of the Justices of Peace and Commissioners of Oaths Act.
Justice Chitapi, however, rejected that argument, holding that legal requirements demand that a commissioner administers 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 affidavit’s authenticity could not be satisfactorily established. As a result, the respondents’ opposition papers were struck off the record, leaving the application effectively unopposed.
Having disposed of the preliminary issue, Justice Chitapi proceeded to grant the substantive relief sought, declaring the February 8 resolution increasing the age limit from 65 to 70 years unlawful and of no legal effect.
The court held that the National Apostolic Council had no authority to amend the church constitution through the process it adopted and reaffirmed that the 65-year age limit contained in Clause 14.2.1 remains binding.
Consequently, the May 3, 2025 election of Dr Chiangwa, Reverend Chinyemba, Dr Nhira and Mr Sebata was declared unlawful, null and void. The four respondents were also ordered to jointly pay legal costs on the higher legal practitioner-client scale.
Ends
